People v. Phillips

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2017 IL App (4th) 160557
Decision Date: 
Tuesday, December 5, 2017
District: 
4th Dist.
Division/County: 
Adams Co.
Holding: 
Affirmed.
Justice: 
KNECHT

Court properly denied Defendant's amended postconviction petition after a 3rd-stage evidentiary hearing. Defendant failed to show his counsel's trial strategy, to not perfect impeachment of shooting victim, was a complete failure to conduct any meaningful adversarial testing.Defendant failed to show evidence existed to complete impeachment of this witness.Court properly found that prosecutor's redirect was sufficient to satisfy her duty to correct testimony of witness as to whether agreement existed between him and State. Court did not abuse its discretion in attributing trial delays to Defendant. Thus, Defendant failed to show he was provided ineffective assistance by his appellate counsel's failure to raise this claim. (STEIGMANN and APPLETON, concurring.)