Defendant was convicted, after jury trial, of 1st-degree murder and home invasion. Court did not err in summarily dismissing his postconviction petition. Defendant failed to state the gist of a claim that his trial counsel was ineffective for failing to request a mental health expert due to effects of his prolonged alcohol abuse. Defendant does not allege that he suffered from a mental illness at time of offenses or that he ever asked counsel to request mental health evaluation. Defendant claimed that at the time of the offenses, he was so intoxicated that he blacked out. Evidence at trial shows that Defendant knew that what he did was wrong, and that he did not suffered from a "fixed" or "settled" insanity. (HUDSON and BRENNAN, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel