Defendant was charged with residential burglary, possession of a stolen firearm, and unlawful possession of weapon by a felon. Court denied Defendant's amended motion for a new trial for his claims of ineffective assistance of counsel and error in polling the jury. Defendant claimed that his counsel was ineffective for failing to object to the introduction of evidence or comments referencing drug use by Defendant and another person. Defendant was not prejudiced by this evidence. The remaining allegations of ineffectiveness involved trial strategy. After discussing with the parties, there being no objection, court decided to wait until all verdicts were returned to poll the jury on all 3 counts. Court did poll the jury, and jurors gave affirmative responses when asked to confirm their verdicts. Court's procedure for polling the jury satisfied the purpose, and thus was not abuse of discretion. (HOLDRIDGE and McDADE, concurring; McDADE, also specially concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel