People v. Coleman
956 N.E.2d 966
Ill. App. Ct.2011Background
- Coleman was convicted of first-degree murder for a December 2001 shooting and sentenced to 65 years; on direct appeal the conviction/sentence were affirmed; the supreme court denied leave to appeal; he filed a pro se postconviction petition on November 10, 2008; the circuit court summarily dismissed the petition as frivolous; the petition asserted ineffective assistance of trial and appellate counsel and challenged court-cost penalties and deductions from his prisoner trust account.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for trial counsel regarding testifying | Coleman argues trial counsel prevented testifying | Coleman argues counsel advised against testifying | Trial counsel’s advice was reasonable strategy; no prejudice shown |
| Ineffective assistance for appellate counsel on direct appeal | Coleman contends appellate counsel failed to raise meritorious issues | Appellate counsel chose a strategic subset of issues | Appellate strategy fell within wide range of reasonable professional assistance; no prejudice shown |
| Constitutionality of court costs and deduction from prison account | Costs of filing the frivolous petition were unconstitutional/deductible | Costs assessment and deduction from trust account are permissible | Costs upheld; deduction from prisoner trust account affirmed |
Key Cases Cited
- People v. Hodges, 234 Ill.2d 1 (Ill. 2009) (frivolous postconviction petitions standard; arg. deficient evidence)
- People v. Davis, 156 Ill.2d 149 (Ill. 1993) (waiver of claims not raised in petition; review limited by Act)
- People v. Jones, 213 Ill.2d 498 (Ill. 2004) (limits on raising new claims on appeal after first-stage dismissal)
- People v. Smith, 383 Ill.App.3d 1078 (Ill. App. 2008) (ineffective assistance where trial counsel erred about testifying; distinguishable)
- People v. Knox, 58 Ill.App.3d 761 (Ill. App. 1978) (trial strategy; defendant bears burden to show prejudice from advice not to testify)
- People v. Easley, 192 Ill.2d 307 (Ill. 2000) (appellate counsel not required to raise every issue; prejudice standard)
- People v. Johnson, 208 Ill.2d 53 (Ill. 2003) (prosecutor’s remarks review for prejudice; substantial prejudice required)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (defining standard for ineffective assistance of counsel)
- People v. Tenner, 175 Ill.2d 372 (Ill. 1997) (application of Strickland in Illinois postconviction)
- People v. Coleman, 183 Ill.2d 366 (Ill. 1998) (limits on appellate review of postconviction claims)
- People v. Albanese, 104 Ill.2d 504 (Ill. 1984) (standard for evaluating ineffective assistance claims)
- People v. Harris, 231 Ill.2d 582 (Ill. 2008) (impeachment of juvenile adjudications; evidentiary limits)