People v. Jackson

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2014 IL App (1st) 123258
Decision Date: 
Wednesday, November 26, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Defendant was convicted of first degree murder, attempted first degree murder, and home invasion, for attempting to kill his former girlfriend and for killing her current boyfriend, after breaking into their home while they were sleeping. Defense counsel's omission of DNA evidence from blood splatters at crime scene was a strategic trial decision, thus not ineffective assistance of counsel, and did not prejudice Defendant. Admission of other crimes evidence was proper as proximate in time and factually similar to charged conduct, and was not unduly prejudicial. Defendant received pretrial notice of sentencing enhancement, as indictment for first degree murder included alleged fact used as basis for enhancement. (PUCINSKI and MASON, concurring.)