People v. Bowens

Court properly denied Defendant's 3rd-stage postconviction petition. Defendant was convicted, after jury trial, of attempt (1st degree murder), aggravated domestic battery, and aggravated battery. Although trial judge improperly allowed her husband to serve on jury, and refused to excuse him for cause, no ineffective assistance of counsel in defense counsel not using peremptory challenge to excuse him, as evidence against Defendant was overwhelming. Res judicata bar to this argument in postconviction petition, as court previously ruled on issue on direct appeal, as defense counsel's failure to exercise peremptory challenge was an affirmative acquiescence to jury service of judge's husband.(HOLDER WHITE and STEIGMANN, concurring.)