People v. Burns

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2015 IL App (1st) 121928
Decision Date: 
Monday, December 21, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Vacated and remanded.
Justice: 
CUNNINGHAM

Under Illinois Supreme Court's 2015 ruling in People v. Allen, court improperly dismissed Defendant's postconviction petition at first stage. "Strategy argument" as to trial counsel's decision not to call a witness is inappropriate for the first stage of review of postconviction petition.Relevant test is whether it is arguable that counsel's performance fell below an objective standard of reasonableness and that the defendant was prejudiced. Defendant  presented an "arguable" claim that her trial counsel was ineffective in not calling co-defendant as a witness. (CONNORS and DELORT, concurring).