People v. Morrow

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2013 IL App (1st) 121316
Decision Date: 
Tuesday, December 31, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
(Court opinion corrected 1/28/14.) Defendant was convicted, after jury trial, of 1994 armed robbery and murder, and sentenced to 60 years in prison to be served concurrently with 20-year sentence for armed robbery.Court properly found that Defendant did not show prejudice to support claim of ineffective assistance of counsel in failing to request second-degree murder jury instruction, as evidence at trial did not support finding of second-degree murder and thus counsel's decision to not request that instruction was appropriate matter of trial strategy, as he chose to argue complete innocence in shooting rather than arguing justification for it. (McBRIDE and TAYLOR, concurring.)