Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after jury trial, of aggravated battery. Defendant showed defense counsel's possible neglect of the case as to his pro se claims that counsel was ineffective for failing to investigate the recorded jail call in which an inmate allegedly confessed to the offense and for failing to object to admission of video recording of victim's interview at the hospital. A recording of another person confessing to the offense would have been important evidence, and it was unreasonable for counsel not to seek a continuance to attempt to obtain it. Thus, Defendant should be permitted to present these claims with assistance of new counsel.(WRIGHT, concurring; SCHMIDT, dissenting.)