Defendant was convicted of 1st-degree murder. Defendant hired same private counsel to represent him on direct appeal and in postconviction proceedings. No per se conflict of interest by same counsel representing Defendant in both aspects. Defendant failed to show that his counsel labored under actual conflict of interest that adversely affected his representation. Defendant failed to make a substantial showing of a claim of actual innocence. No ineffective assistance of counsel claim in trial counsel's failure to apprise Defendant of sentencing range so Defendant could make proper waiver of his right to a 2nd-degree murder instruction, as a defendant has no right to decide whether he or she wants instruction on 2nd degree murder, and does not need to knowingly waive instruction.(NEVILLE and PIERCE, concurring.)
Illinois Appellate Court
Criminal Court
Conflict of Interest