Defendant was convicted of first-degree murder and sentenced to a total prison term of 70 years. Defendant appealed, arguing that his counsel was ineffective for failing to investigate and present testimony from an expert on the unreliability of eyewitness identification and post-trial counsel was ineffective for failing to raise the issue and that his 70-year sentence was excessive. The appellate court affirmed, finding that trial counsel was not ineffective because defendant’s claim of prejudice regarding expert witness testimony was speculative and counsel’s decision not to call an expert was a strategic one. The appellate court further found that defendant’s sentence was not excessive because he was 20 years old at the time of the offense and because he is eligible for parole. (REYES and LAMPKIN, concurring)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel