# People v. Smith

> Illinois Supreme Court · December 1, 2000 · 195 Ill. 2d 179

URL: https://www.frixlaw.com/law-library/cases/9861706

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DAVID SMITH, Appellant
- **Court:** Illinois Supreme Court
- **Decided:** December 1, 2000
- **Citations:** 195 Ill. 2d 179; 253 Ill. Dec. 660; 745 N.E.2d 1194; 2000 Ill. LEXIS 1714
- **Precedential status:** Published
- **Opinion:** Concurring in part by Harrison
- **Judges:** McMorrow, Harrison
- **Cited by:** 158 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9861706

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9861706. Public record. Not legal advice.