finding that an ineffective assistance of - 12 - No. 1-21-1192 counsel claim cannot be established where no error occurred
How later courts described this case
- finding that an ineffective assistance of - 12 - No. 1-21-1192 counsel claim cannot be established where no error occurred
- “Evidence is considered ‘material’ if there is a ‘reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different’ ”
- “It is well established that the -8- two-year limitation period mandated by section 2-1401 must be adhered to in the absence of a clear showing that the person seeking relief is under legal disability or duress or the grounds for relief are fraudulently concealed.”
- “A section 2-1401 petition for relief from a final judgment is the forum in a criminal case in which to correct all errors of fact occurring in the prosecution of a cause, unknown to petitioner and the court at the time judgment was entered, which, if then known, would have prevented its rendition.”
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by People v. Wrice, 962 N.E.2d 934 (2012)
194 Ill. 2d 154, 173 (2000) (the prejudice prong of the ineffective assistance of counsel test cannot be established when no error has occurred), overruled on other grounds by People v. Wrice, 2012 IL 111860
The opinion
CHIEF JUSTICE HARRISON, concurring in part and dissenting in part:
I agree that Mahaffey’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, XTV) and article I, section 2, of the Illinois Constitution (Ill. Const. 1970, art. I, § 2). Mahaffey’s sentence of death should therefore be vacated and he should be sentenced to a term of imprisonment. Ill. Rev. Stat. 1981, ch. 38, par. 9 — 1(j). Because Mahaffey was found guilty of murdering more than one victim, the term of his imprisonment must be natural life. Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 8—1(a)(1)(c).