People v. Winkfield

Defendant was convicted, after jury trial, of aggravated vehicular hijacking, armed robbery, and aggravated unlawful restraint. Defense counsel promised, in opening statement, to present alibi witnesses whose story would be completely at odds with State's case. Although defense counsel presented testimony highlighting inconsistencies and weaknesses in State's case, no evidence directly contradicted State's case. As evidence of Defendant's guilt was not overwhelming, had counsel properly supported defense theory with witness testimony, counsel's unfulfilled promise did prejudice Defendant. However, given overall nature and quality of evidence considered given counsel;s otherwise effective representation, counsel did not render ineffective assistance. (PIERCE and SIMON, concurring.)