Opinion

People v. Pulliam

  • 206 Ill. 2d 218
  • 276 Ill. Dec. 319
  • 794 N.E.2d 214
  • 2002 Ill. LEXIS 947
Court
Illinois Supreme Court
Filed
Oct 18, 2002
Status
Published
Author
Kilbride
On the bench
Thomas, Rarick, Kilbride
Cited by
26 cases
Authority
More cited than 9.4%

this court can resolve an ineffective assistance claim based on the prejudice prong alone without considering whether counsel’s performance was deficient

How later courts described this case

  • this court can resolve an ineffective assistance claim based on the prejudice prong alone without considering whether counsel’s performance was deficient
  • but _death penalty no longer available in Illinois
  • legislature to devise Atkins procedure

Written by the judges who cited it.

The opinion

JUSTICE KILBRIDE, concurring in part and dissenting in part:

The majority correctly reverses in part the judgment of the circuit court and remands this cause for an evidentiary hearing in light of the United States Supreme Court decision in Atkins v. Virginia, 536 U.S. 304 , 153 L. Ed. 2d 335 , 122 S. Ct. 2242 (2002). Nonetheless, for the reasons set forth in my dissents in People v. Hickey, 204 Ill. 2d 585, 636-40 (2001) (Kilbride, J., dissenting), and People v. Simpson, 204 Ill. 2d 536, 581-85 (2001) (Kilbride, J., dissenting), I believe that the majority fails to grant defendant the constitutionally required relief of a new trial conducted in accordance with the new supreme court rules governing capital cases. The procedures in capital cases prior to this court’s adoption of the new rules were inherently unreliable and did not adequately protect a defendant’s constitutional rights. Consequently, since the new rules were promulgated to address the deficiencies of constitutional dimension that regularly occurred under the old system, the rules must be applied retroactively to all capital cases. See People v. Caballero, 179 Ill. 2d 205, 220-21 (1997).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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