2021 IL App (4th) 200573
Ill. App. Ct.2021Background
- In July 2009 John Turnpaugh was found murdered; Nicholas Brooks was tried, convicted of first-degree murder in 2010, and sentenced to 60 years (conviction affirmed on direct appeal).
- Brooks filed a pro se postconviction petition in 2013; the trial court advanced it to the second stage, appointed counsel, the State moved to dismiss, and the court granted dismissal; this court reversed in 2018 for unreasonable assistance by postconviction counsel and remanded for new counsel.
- On remand, newly appointed counsel filed an amended postconviction petition (Jan 2020) alleging trial counsel was ineffective for failing to investigate or call witness Alena Carsell, who allegedly possessed a text from Junior Snow confessing to Turnpaugh’s killing.
- Supporting exhibits included an investigator’s affidavit stating Carsell told him she had received inculpatory texts from Snow but refused to sign an affidavit or provide further contact information; Brooks also averred he had personally spoken to Carsell in 2012 and she corroborated having the texts.
- The State moved to dismiss; the trial court granted the motion at the second stage, reasoning that (1) the petition lacked a Carsell affidavit and thus amounted to unverified hearsay, (2) the alleged text likely would be inadmissible at trial, and (3) the trial evidence was overwhelming.
- The appellate court reversed, holding the trial court erred by resolving admissibility and credibility at the second stage and remanded for a third-stage evidentiary hearing where the evidence and witness testimony can be developed and weighed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brooks made a substantial showing that trial counsel was ineffective for failing to investigate or call Alena Carsell | Brooks’ petition fails because it lacks a Carsell affidavit; investigator’s hearsay is inadmissible; even if believed, trial evidence was overwhelming so no prejudice | Carsell would testify she had Snow’s inculpatory text and was willing to testify; trial counsel did not investigate or call her; investigator and Brooks averred conversations corroborating Carsell’s possession of the text | Reversed. Court held dismissal at the second stage was improper because well-pleaded allegations and affidavits (including hearsay) not rebutted by the record must be taken as true at second stage; remand for third-stage evidentiary hearing to resolve admissibility and credibility |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes performance-and-prejudice test for ineffective assistance of counsel)
- Harrington v. Richter, 562 U.S. 86 (federal standard that counsel need only be reasonably competent; likelihood of different result must be substantial)
- Chambers v. Mississippi, 410 U.S. 284 (factors for admitting reliable extrajudicial confessions)
- People v. Domagala, 2013 IL 113688 (explains Strickland prejudice standard in Illinois postconviction context)
- People v. Sanders, 2016 IL 118123 (second-stage review takes well-pleaded allegations as true; credibility determinations reserved for third stage)
- People v. Velasco, 2018 IL App (1st) 161683 (treats hearsay affidavits as true at second stage and advances petition to third stage)
- People v. Varghese, 391 Ill. App. 3d 866 (rules of evidence relaxed at sentencing; relevant and reliable evidence admissible)
- People v. Coleman, 183 Ill. 2d 366 (deference to trial court as factfinder at evidentiary hearings)