Defendant was convicted, after jury trial, of 2 counts of 1st-degree murder of his ex-girlfriend and her mother and 1 count of solicitation of murder. Defendant's trial attorney undertook to argue his own ineffectiveness as trial counsel and as postconviction counsel, and thus he had a duty to do so "zealously" in representing him.Trial counsel claimed that he was ineffective for failing to introduce photographs of Defendant's eczema (which was an alternate explanation for the cuts on his hands), but he failed to support that argument with these photographs. Trial counsel thus labored under an actual conflict of interest. Defendant is entitled to a new 2nd-stage hearing with new counsel. Trial judge's admonishment to defense counsel did not reflect hostility or ill will, be seemed to ensure that proceedings retained sufficient solemnity and dignity. Court properly denied Defendant's motion for substitution of judge. (DELORT and ROCHFORD, concurring.)
Illinois Appellate Court
Criminal Court
Conflicts