Defendant was convicted, after jury trial, of attempted murder of 3 deputy sheriffs. Defendant was not deprived of a fair trial because of State's closing argument. Even though prosecutor's comments improperly reflected a personal opinion, and appealed to jury's sympathy for victim, jury was instructed to consider only trial evidence and to disregard any statements made in closing that were not based on evidence. Defense counsel was not ineffective for failing to file motion to dismiss on speedy-trial grounds, as amended indictment did not include any new and additional charges, and thus it related back to original indictment. Any delays attributable to Defendant on initial charges are also attributable to him on amended charges. Defense counsel was not ineffective for failing to file motion to suppress his statement based on Miranda violation, as Defendant did not make a clear and unequivocal request for attorney and thus he did not invoke his Miranda rights. (JORGENSEN and SPENCE, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel