People v. McLaurin

Illinois Appellate Court
Criminal Court
Witnesses
Citation
Case Number: 
2012 IL App (1st) 102943
Decision Date: 
Monday, December 10, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Remanded with directions.
Justice: 
CUNNINGHAM
Court failed to conduct adequate inquiry into Defendant's pro se claims of ineffective assistance of counsel based on defense counsel failed to secure testimony of an eyewitness for Defendant's second trial, after failing to secure his testimony for first trial. Court failed to inquire into defense counsel's investigation of potential testimony of eyewitness, whose testimony could have been critical to defense and could have affected outcome of case, and thus witness could have been a material witness for purpose of Witness Attendance Act (to compel attendance of out-of-state witnesses). (HOFFMAN and KARNEZIS, concurring.)