Defendant appealed from the trial court’s denial of his postconviction petition at the second stage of proceedings. Defendant argued in the petition that trial counsel was ineffective for failing to investigate his mental health history in support of his defense. The petition also claimed newly discovered evidence that would have corroborated defendant’s testimony. The appellate court reversed and remanded for a third stage evidentiary hearing, finding that the failure to investigate defendant’s mental health satisfied both prongs of Strickland and, as a result, made a substantial showing of a constitutional violation. Justice Coghlan dissented, arguing that the evidence regarding defendant’s mental health could only have been used in support of a diminished capacity defense, which is not recognized in criminal proceedings in the state of Illinois. (HYMAN, concurring and COGHLAN, dissenting)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act