People v. Gacho

Court made second-stage dismissal of Defendant's postconviction petition. Trial judge had been shown to have accepted bribes to fix murder cases, and nexus between judge's corruption and Defendant's case is very strong. Judge's interest in attempting to steer Defendant's verdict deprived Defendant of basic right to trial before impartial tribunal. Defendant is barred from raising ineffective assistance of counsel claim which he could have raised in his direct appeal. Court erred in dismissing claim of his counsel's conflict of interest in having concurrently represented family member of victim and discussed aspects of his representation of Defendant with family. Defendant's allegations of conflict in his counsel's divided loyalty were substantial showing of constitutional violation and warrant evidentiary hearing. (KARNEZIS and ROCHFORD, concurring.)