People v. Reed

(Court opinion corrected 2/3/15.) Defendant was convicted, after jury trial, of first degree murder. Court properly summarily dismissed Defendant's pro se petition claiming various trial errors and ineffective assistance of counsel. Illinois Supreme Court's 2013 Bailey decision, which allocates decision-making authority between jury and judge by permitting a defendant to request that jury determine whether State proved mental state necessary for death penalty eligibility, is a procedural rule rather than a substantive rule. Thus, Bailey decision does not apply retroactively to postconviction proceedings. Defense counsel was not ineffective for failing to anticipate Bailey decision, which was decided after Defendant's direct appeal had concluded. (PALMER and GORDON, concurring.)