Defendant field a pro se post-conviction petition alleging he was denied the effective assistance of counsel during his bench trial for attempted murder when his attorney failed to present evidence of his mental health history in support of his defense. The petition was dismissed by the trial court after second stage proceedings. The appellate court reversed and remanded for a third-stage evidentiary hearing. The Supreme Court reversed the appellate court, finding that the defendant’s petition failed to make a substantial showing that he received ineffective assistance of counsel because it was not reasonably likely that defendant’s health history would have changed the outcome of the trial. (THEIS, OVERSTREET, HOLDER WHITE, ROCHFORD and O’BRIEN, concurring. NEVILLE took no part)
Illinois Supreme Court
Criminal Court
Post-Conviction Hearing Act