2021 IL App (1st) 192180
Ill. App. Ct.2021Background:
- In 2007 Matthews was convicted at a bench trial of first‑degree murder and sentenced to 50 years.
- Trial testimony included witness Derrell (Tony) Wilson identifying Matthews as the shooter; codefendant Bradley was tried separately and later acquitted.
- Matthews later filed multiple postconviction and collateral challenges; this appeal concerns a 2019 motion for leave to file a successive postconviction petition alleging counsel conflicts.
- Matthews alleged trial counsel Leonard “Bud” Schultz had undisclosed, concurrent representations: (1) Schultz represented codefendant Bradley at an initial interrogation, and (2) Schultz simultaneously represented Tarzay Wilson (Bradley’s mother and the victim’s cousin) in an unrelated drug case; Tarzay had been listed as a State witness but was not called.
- Matthews learned of Schultz’s representation of Tarzay Wilson in 2018 from a third party and argued the undisclosed dual representation created a per se conflict that prejudiced his defense.
- The trial court denied leave to file the successive petition; the appellate court reversed as to the claim involving Tarzay Wilson, finding Matthews adequately pled cause and prejudice to pursue that conflict claim and remanded for further proceedings.
Issues:
| Issue | People’s Argument | Matthews’ Argument | Held |
|---|---|---|---|
| Whether Matthews should get leave to file a successive postconviction petition alleging counsel conflicts | Trial court: no per se conflict because Tarzay Wilson was never actually called; claims about Bradley were known earlier so no cause | Schultz had undisclosed contemporaneous representations of Bradley (at interrogation) and Tarzay Wilson (during trial era); Matthews only learned of Wilson representation in 2018, creating cause and a per se conflict that could prejudice the trial | Reversed in part: leave granted as to claim based on Schultz’s representation of Tarzay Wilson (pleaded a possible per se conflict); claim about Bradley fails for lack of cause and remains denied |
Key Cases Cited
- People v. Tenner, 206 Ill. 2d 381 (discussing cause-and-prejudice gateway for successive petitions)
- People v. Blair, 215 Ill. 2d 427 (conclusory allegations insufficient in postconviction petitions)
- People v. Lawson, 163 Ill. 2d 187 (possible conflict is sufficient for per se rule)
- People v. Morales, 209 Ill. 2d 340 (when named witness stands to benefit from conviction, conflict inquiry applies)
- People v. Smith, 2014 IL 115946 (explaining purpose of cause-and-prejudice threshold and that pleading is sufficient to seek leave)
- People v. Domagala, 2013 IL 113688 (standards for advancing postconviction claims to evidentiary stage)