People v. Domagala
2013 IL 113688
| Ill. | 2013Background
- Domagala convicted of first-degree murder for mistreating an elderly caregiver victim who died after hospitalization and feeding-tube treatment.
- Postconviction petition claimed trial counsel failed to investigate and present evidence that a superseding, intervening cause—gross medical negligence by medical staff—caused death.
- Trial evidence showed defendant slapped the victim and restrained him; the victim died from peritonitis after a feeding tube displacement.
- Medical expert Dr. Fusaro testified death was due to infection; swallow studies and collar-worn testing raised concerns about reliability.
- Affidavits from Dr. Caldarelli argued swallow testing was unreliable due to the collar and that feeding-tube placement was gross negligence; counsel admitted failure to investigate.
- Circuit court dismissed; appellate court affirmed; Supreme Court reversed, holding there was a substantial showing of ineffective assistance and remanded for an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner showed deficient performance in failing to investigate gross negligence | Domagala | Domagala | Yes; deficient performance shown |
| Whether failure to pursue gross negligence as intervening cause prejudiced trial outcome | Domagala | Domagala | Yes; reasonable probability of different result |
| Whether swallow-study-based negligence constitutes a valid intervening cause defense | Domagala | People | Yes; viable defense could have altered outcome |
| Whether second-stage postconviction review requires an evidentiary hearing given proffered affidavits | Domagala | People | Remand for evidentiary hearing |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel; deficient performance and prejudice)
- People v. Kokoraleis, 159 Ill. 2d 325 (1994) (duty to investigate possible defenses)
- People v. Coleman, 183 Ill. 2d 366 (1998) (dismissal-stage inquiry; legal sufficiency of petition)
- People v. Edwards, 197 Ill. 2d 239 (2001) (substantial showing standard at second stage)
- People v. Brackett, 117 Ill. 2d 170 (1993) (intervening cause; gross medical negligence defense)
- Mars v. People, 2012 IL App (2d) 110695 (2d 2012) (intervening medical negligence defense recognized)