People v. Cathey
2012 IL 111746
Ill.2012Background
- Cathey charged with attempted first degree murder and aggravated battery with a firearm.”
- Defense moved in limine to bar impeaching with prior convictions; trial judge declined to rule pretrial.
- Trial occurred Feb. 2006; Prosecution witness Finley testified about gun and shooting; defendant testified he wrestled with Finley for the gun.
- Judge allowed impeachment with some prior convictions (possession of a controlled substance, 2002; and aggravated battery with a firearm, 1992) but not all; attempted first degree murder conviction barred.
- Jury acquitted of attempted first degree murder but found defendant guilty of aggravated battery with a firearm; circuit court sentenced him to 40 years.
- Postconviction petition filed pro se alleging ineffective assistance for failure to challenge the delayed ruling on the in limine motion; circuit court summarily dismissed; appellate court affirmed; Illinois Supreme Court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delayed Montgomery ruling constitutes ineffective assistance | Cathey asserts counsel failed to raise the delay on appeal, violating Strickland | People argues timing of decision not automatically prejudicial | Remanded for second-stage proceedings; possible ineffective assistance. |
| Retroactivity of Patrick to collateral review | Cathey did not rely on Patrick in petition; appellate court erred in addressing it | State argues Patrick not retroactive on collateral review | Appellate court portion addressing Patrick vacated; focus remains on delayed ruling claim. |
| Need to address additional ineffective-assistance claim (reckless conduct instruction) | Remand moot; court vacates on this issue and proceeding limited to delayed ruling claim. |
Key Cases Cited
- People v. Harris, 224 Ill. 2d 115 (2007) (standard for postconviction review and rights to relief under Act)
- People v. Coleman, 183 Ill. 2d 366 (1998) (de novo review and procedural requirements for petitions)
- Hodges v. Hodges, 234 Ill. 2d 1 (2009) (frivolous or patently without merit standard for dismissals)
- Strickland v. Washington, 466 U.S. 668 () (establishes performance and prejudice prongs for ineffective assistance)
- People v. Albanese, 104 Ill.2d 504 (1984) (adopts Strickland standard in Illinois)
- People v. Patrick, 233 Ill. 2d 62 (2009) (retroactivity of new constitutional rule; delayed ruling context)
- People v. Phillips, 371 Ill. App. 3d 948 (2007) (trial court error in delaying Montgomery ruling)
- People v. Ballard, 346 Ill. App. 3d 532 (2004) (trial court should rule on Montgomery issue before defendant decides to testify)
- People v. Jones, 211 Ill. 2d 140 (2004) (review of petition allegations liberally construed for Act relief)