People v. Ligon
2022 IL App (1st) 192299-U
| Ill. App. Ct. | 2022Background
- Dennis Ligon was convicted of aggravated vehicular hijacking after Ana Diaz identified him as the man who forced her from her red Ford pickup; several witnesses placed Ligon driving the truck in the days before his arrest.
- During opening, APD Camille Calabrese told the jury the defense would call Ligon’s son, Dennis Compton, to show misidentification; Compton was subpoenaed but was not called at trial.
- Defense presented no testimony; jury convicted and Ligon was sentenced to life. Ligon raised ineffective-assistance claims on post-trial motions and appeals.
- After prior appeals, Ligon filed a successive postconviction petition alleging counsel was ineffective for promising Compton as a witness (and failing to call him) and for failing to investigate an alibi; the circuit court held a third-stage evidentiary hearing.
- At the hearing APD Anthony Thomas explained strategic reasons for not calling Compton (inconsistent statements, demeanor, arrest for intimidating a witness); Ligon testified he had an alibi (bus ticket) and denied agreeing to withhold Compton. The court found counsel credible and the evidence against Ligon overwhelming.
- The circuit court denied postconviction relief for lack of prejudice; the appellate court affirmed.
Issues
| Issue | People’s Argument | Ligon’s Argument | Held |
|---|---|---|---|
| Whether trial counsel’s promise in opening to call Compton, then not calling him, was ineffective assistance (prejudice) | Counsel’s omission did not create reasonable probability of different result given strong ID and corroborating evidence | Opening created prejudice; failing to call Compton denied effective assistance | No prejudice shown; conviction upheld |
| Whether counsel failed to investigate/present Ligon’s alibi (bus ticket) | Court found Ligon’s alibi testimony not credible and Ligon did not raise alibi on appeal | Counsel failed to investigate alibi and thus was ineffective | Court declined to reach merits; appellate court did not consider alibi further (no credible showing/prejudice) |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong test for ineffective assistance of counsel)
- People v. Enis, 194 Ill. 2d 361 (defines "reasonable probability" prejudice standard)
- People v. Domagala, 2013 IL 113688 (clarifies Strickland framework in Illinois)
- People v. Dupree, 2018 IL 122307 (strong presumption decisions are trial strategy)
- People v. Johnson, 2021 IL 126291 (will dispose ineffective-assistance claims on prejudice prong first)
- People v. Coleman, 2013 IL 113307 (postconviction burden at evidentiary hearing)
- People v. Ligon, 365 Ill. App. 3d 109 (prior appellate opinion describing trial facts)
- People v. Ligon, 392 Ill. App. 3d 988 (prior appellate disposition addressing forfeiture and successive petition procedure)
- People v. Ligon, 239 Ill. 2d 94 (supreme court disposition affirming prior ruling)