People v. Fox

Defendant was found guilty of first-degree murder and that he personally discharge the firearm that caused the victim’s death. He was sentenced to 60 years in prison. Defendant appealed arguing that (1) the trial court should not have admitted cell phone records into evidence as self-authenticating business records because accompanying certifications did not allege that they were made under oath, that defendant did not receive a fair trial when, (2) while being tried jointly with a co-defendant, the State elicited non-testifying co-defendant statements that implicate the defendant, (3) the trial court erred when it did not appoint new counsel where defendant alleged his counsel had an actual conflict of interest because he previously represented the victim; (4) the trial court conducted an inadequate Krankel inquiry into defendant’s conflict-of-interest claim; and (5) defendant’s trial court had an actual conflict of interest when he adopted defendant’s pro se filing alleging that counsel did not explain the conflict of interest to him so he never knowingly waived it but then failed to argue the claim at the motion hearing. The appellate court disagreed and affirmed the conviction and sentence entered by the trial court. (CAVANAGH and ZENOFF, concurring)