People v. Holloway
2025 IL App (5th) 240854-U
Ill. App. Ct.2025Background
- Zachary S. Holloway was convicted by a jury of home invasion, aggravated battery, and criminal damage to property after an incident involving his grandfather, Allen McClaughry, whom Holloway attacked in McClaughry’s home.
- Holloway was present for all pretrial proceedings and trial, was represented by a public defender throughout, and decided not to testify after being informed by the court that the decision was solely his.
- After trial, Holloway raised claims of ineffective assistance of counsel and prosecutorial misconduct both in pro se post-trial motions and later in a postconviction petition, alleging among other things that the evidence was fabricated and that he lived in the home in question.
- The trial court dismissed his postconviction petition as frivolous and patently without merit, noting the lack of supporting evidence and that most arguments were contradicted by the record or stemmed from trial strategy.
- Appointed appellate counsel (OSAD) reviewed Holloway’s case and filed a motion to withdraw, stating there were no meritorious arguments to support an appeal; Holloway did not respond to OSAD’s motion.
- The Appellate Court affirmed the trial court’s dismissal of the postconviction petition and granted OSAD’s withdrawal.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Dismissal of postconviction petition | Petition lacked merit, frivolous, unsupported | Asserted ineffective assistance, perjured evidence, improper rulings | Affirmed dismissal; petition unsupported, contradicted by record |
| Home invasion conviction (residency) | Defendant did not reside at victim’s address | Holloway claimed he lived at the home for 28 years | No evidence at trial; record showed different residence for Holloway |
| Effectiveness of trial/appellate counsel | No ineffective assistance shown, decisions were strategic | Counsel prevented testimony, failed to present evidence | No evidence counsel performed deficiently or influenced testimony |
| Alleged prosecutorial misconduct/conflict | No credible evidence of altered exhibits or conflict | Claims of altered evidence, conflict of interest | Claims unfounded, unsupported, not prejudicial |
Key Cases Cited
- People v. Delton, 227 Ill. 2d 247 (requirements for postconviction petitions under Illinois law)
- People v. Edwards, 2012 IL 111711 (bar on relitigating issues through postconviction petitions, actual innocence standard)
- People v. Turner, 187 Ill. 2d 406 (necessity of attaching affidavits or support to postconviction petitions)
- People v. Jackson, 2020 IL 124112 (trial strategy claims do not require new counsel)
- People v. Greer, 212 Ill. 2d 192 (jury’s role in assessing credibility; function of postconviction review)
- People v. Harris, 2018 IL 121932 (sufficiency of single witness testimony)
- People v. Tenney, 205 Ill. 2d 411 (jury's responsibility to resolve evidentiary inconsistencies)
- People v. Johnson, 205 Ill. 2d 381 (standard for ineffective assistance of appellate counsel)