Opinion

People v. Smith

  • 195 Ill. 2d 179
  • 253 Ill. Dec. 660
  • 745 N.E.2d 1194
  • 2000 Ill. LEXIS 1714
Court
Illinois Supreme Court
Filed
Dec 1, 2000
Status
Published
Author
Harrison
On the bench
McMorrow, Harrison
Cited by
158 cases
Authority
More cited than 13.1%

finding that the defendant could not satisfy the prejudice prong because defense counsel was not ineffective when he failed to call a witness to provide cumulative testimony

How later courts described this case

  • finding that the defendant could not satisfy the prejudice prong because defense counsel was not ineffective when he failed to call a witness to provide cumulative testimony
  • rejecting the defendant’s claim that his attorney rendered ineffective assistance when he failed to call a witness to provide cumulative testimony, because the defendant could not satisfy the prejudice prong of the Strickland test
  • rejecting intoxication defense because defendant’s recall in his statements to the police showed he was acutely aware of his surroundings and occurrence witnesses stated defendant had no difficulty speaking or walking
  • given the totality of circumstances, where the defendant had been involved in a burglary and had given a police statement stating that “ ‘he must have intended to kill’ ” the victim, additional evidence of the ingestion of PCP was irrelevant

Written by the judges who cited it.

The opinion

CHIEF JUSTICE HARRISON, concurring in part and dissenting in part:

I agree that Smith’s convictions should not be disturbed. In my view, however, his sentence of death cannot be allowed to stand. For the reasons set forth in my partial concurrence and partial dissent in People v. Bull, 185 Ill. 2d 179 (1998), the Illinois death penalty law violates the eighth and fourteenth amendments to the United States Constitution (U.S. Const., amends. VIII, XIV) and article I, section 2, of the Illinois Constitution (Ill. Const. 1970, art. I, § 2). Smith’s sentence of death should therefore be vacated and he should be sentenced to a term of imprisonment. 720 ILCS 5/9 — l(j) (West 1998).

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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