2025 IL App (5th) 240365-U
Ill. App. Ct.2025Background:
- Defendant Andrew McKissick was indicted for first‑degree murder, arson, and aggravated battery after his wife Sherry Billups was found severely burned near a burning vehicle and later died; investigators found lighter fluid/accelerant and defendant made inculpatory statements and credit‑card evidence showed a fuel purchase.
- Two court‑ordered fitness evaluations by Dr. Dan Cuneo concluded McKissick was fit to stand trial; McKissick stipulated to those findings and the court independently found him fit.
- After pretrial proceedings and a Rule 402(d) conference, McKissick pleaded guilty to first‑degree murder; the court accepted the plea and later imposed a 57‑year sentence.
- Post‑sentence, McKissick sought to withdraw his plea alleging ineffective assistance: counsel bullied him, failed to investigate mental‑health records, withheld discovery access, and failed to prepare a viable defense; original counsel (Menges) was replaced by new counsel (Flynn).
- The court held an evidentiary hearing at which McKissick and Menges testified; the court denied the motion to withdraw the plea and McKissick appealed; appointed appellate counsel moved to withdraw under Anders.
Issues:
| Issue | People's Argument | McKissick's Argument | Held |
|---|---|---|---|
| Whether plea was involuntary due to counsel bullying/conflicting advice/failure to prepare (IAC) | No — plea was voluntary on the record; counsel gave reasoned advice and prepared a trial defense; defendant pleaded against counsel's advice | Counsel bullied and pressured him into pleading guilty and failed to prepare a trial defense | Denied — no meritorious claim: record shows voluntary plea; counsel's assessments were strategic and not ineffective |
| Failure to investigate mental‑health history | Forfeited and, in any event, strategic decision not to highlight mental‑health history; records not in the record | Counsel failed to obtain or consider mental‑health records that might have supported defense or mitigation | Forfeited; no meritorious claim — records not in record and strategy to avoid raising them was reasonable |
| Denied access to or withholding of discovery | No constitutional right to view discovery; defendant identifies nothing in discovery that would have changed his plea decision | Inability to review full discovery in jail prevented him from making an informed plea | Denied — defendant failed to show withheld materials would have likely changed his decision to plead |
| Existence of a viable defense | State points to eyewitness testimony, physical evidence, and defendant's statements that undercut any plausible defense | He had defenses (accident, witness testimony about character) that counsel did not pursue | Denied — defendant offered no factual showing of a viable defense sufficient to create reasonable doubt |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedural standard for appointed counsel to seek leave to withdraw on appeal when no meritorious issues exist)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part ineffective‑assistance standard for counsel performance and prejudice)
- Hill v. Lockhart, 474 U.S. 52 (1985) (application of Strickland to guilty‑plea challenges)
- People v. Krankel, 102 Ill. 2d 181 (1984) (trial court duty to inquire into pro se postconviction claims of counsel ineffectiveness)