People v. Smith

This case presents question as to whether trial court properly denied defendant’s request for leave to file successive post-conviction petition alleging that his appellate counsel and his original post-conviction counsel were ineffective for failing to raise issue in either direct appeal or in original post-conviction petition that prosecutor committed misconduct by failing to produce any testimony to support claim made in opening statement that witness would identify defendant as having gun on date of charged offense. Appellate Court, in affirming trial court, failed to establish that he was prejudiced by said misstatement so as to allow him to file successive post-conviction petition, where underlying record showed that prosecutor had honestly anticipated that witness would testify as to defendant’s possession of gun and acknowledged lack of said evidence in his closing argument. Moreover, Ct. found that evidence of defendant’s guilt on accountability theory was overwhelming.