People v. Simpson

This case presents question as to whether defendant was entitled to new trial in instant murder charge under claim that he received ineffective assistance of counsel due to counsel’s failure to object to jury’s watching of video recording of witness’ prior inconsistent statement telling police that defendant had confessed to instant murder. Appellate Court, in finding that defendant had received ineffective assistance of counsel, found that video recording of said statement was inadmissible under 725 ILCS 5/115-10.1(c)(2) because witness did not have personal knowledge of events that were subject of admission. In its petition for leave to appeal, State argued that relevant “event” for purposes of section 115-10.1(c)(2) was witness observing defendant make confession, as opposed to witness observing defendant committing instant murder.