2020 IL App (4th) 180128
Ill. App. Ct.2020Background
- In Sept. 2017 Marvon D. Custer was charged with delivering a controlled substance to a confidential source (CS); the parties agreed the CS would not testify and the State would not introduce the CS’s statements.
- Officer Tammy Baehr planned and participated in the controlled purchase; she testified she met and searched the CS, gave him $50, and that the CS then called and went to 507 White City where a hand‑to‑hand sale occurred.
- Baehr testified she looked at a photograph to "familiarize" herself with the target and later identified Custer in court as the seller; forensic testing confirmed heroin in the bag recovered.
- During rebuttal closing the prosecutor argued Baehr “didn’t even know who the target was until she was informed by the CS,” and defense counsel did not object.
- The jury convicted Custer; he was sentenced to 7½ years and appealed, claiming ineffective assistance because counsel failed to object to the prosecutor’s closing remark.
- The appellate court affirmed, holding the prosecutor’s remark was a permissible inference from the admitted testimony, so counsel was not ineffective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to object to the prosecutor’s closing statement that Baehr learned Custer’s identity from the CS | The prosecutor’s remark was a fair, reasonable inference from Baehr’s testimony (she met the CS, later viewed a photo to "familiarize" herself), so counsel’s failure to object was not deficient or prejudicial | Counsel should have objected because the remark effectively introduced the CS’s identification or reliance on the CS in violation of the pretrial agreement and prejudiced Custer | Affirmed: counsel not ineffective; the prosecutor’s statement was a permissible inference from the evidence and objection was not required |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established the two‑part ineffective‑assistance standard)
- Harrington v. Richter, 562 U.S. 86 (counsel’s performance must be so deficient it undermines adversarial process)
- People v. Domagala, 987 N.E.2d 767 (Illinois discussion of prejudice and ineffective‑assistance law)
- People v. Hubner, 986 N.E.2d 246 (counsel/prosecutor may argue reasonable inferences from evidence)
- Crocker v. People, 72 N.E. 743 (longstanding rule that counsel may comment unfavorably when based on competent evidence or legitimate inferences)