People v. Phillips
92 N.E.3d 544
| Ill. App. Ct. | 2017Background
- Corey D. Phillips was arrested August 13, 2009, tried December 17–18, 2009, and convicted of aggravated battery with a firearm; sentenced to 30 years. Posttrial motions about a speedy-trial violation were denied; direct appeal affirmed on sentencing issues.
- Phillips filed a pro se postconviction petition alleging (1) trial counsel failed to properly impeach the chief witness (victim Kenneth Norwood) about an alleged agreement to testify, (2) the State failed to correct false testimony about that agreement (Napue claim), and (3) appellate counsel was ineffective for not raising a speedy-trial claim on appeal.
- This court previously reversed the summary dismissal of the pro se petition and remanded for an evidentiary hearing focused on whether trial counsel should have ‘‘perfected’’ impeachment about the alleged deal.
- At the third-stage evidentiary hearing, prosecutor Rodriguez testified she misspoke on redirect (meant to say she would not request federal referral) and that no explicit deal was given; trial counsel Eyler testified he questioned Norwood and relied on the prosecutor’s redirect to make the jury infer an agreement; defendant offered no documentary evidence of a deal.
- The trial court denied relief after finding: (a) counsel’s impeachment and closing argument adequately attacked Norwood’s credibility; (b) the prosecutor’s redirect cured any confusion and did not knowingly present perjured testimony; and (c) the speedy-trial claim was meritless because continuances on Sept. 1 and Sept. 8, 2009, were attributable to defendant (representation issues did not leave defendant unrepresented).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Phillips) | Held |
|---|---|---|---|
| 1) Trial counsel ineffective for failing to "perfect" impeachment about an agreement to testify | Counsel adequately impeached Norwood (prior felonies, unclear memory); prosecutor’s redirect informed jury; further proof would be cumulative | Counsel should have called prosecutor or sought stipulation to expose the alleged agreement; failure prejudiced Phillips' defense | Denied — no deficient performance or prejudice; impeachment was meaningful and additional proof would likely be cumulative or nonexistent |
| 2) Due process/Napue claim — State failed to correct false testimony about deal | The prosecutor did not knowingly present false testimony; her redirect clarified/made record and Norwood appeared unaware of any deal | Norwood’s trial denials were false; prosecutor’s failure to correct (and bond reduction) created a reasonable likelihood of prejudice | Denied — prosecutor’s redirect satisfied duty to correct; Norwood’s testimony reflected lack of awareness; no reasonable probability of a different verdict |
| 3) Appellate counsel ineffective for not raising statutory speedy-trial violation on direct appeal | Delays (Sept. 1 & 8 continuances) were attributable to defendant; defendant was represented during the continuances; underlying speedy-trial claim was meritless | Continuances were due to public defender conflicts and withdrawal; delays should be charged to the State, creating a statutory violation | Denied — underlying speedy-trial claim lacked merit; trial court did not abuse discretion in attributing delays to defendant; no prejudice from appellate counsel’s omission |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard)
- Napue v. Illinois, 360 U.S. 264 (prosecution must not elicit or fail to correct false testimony)
- People v. Pendleton, 861 N.E.2d 999 (Ill. 2006) (postconviction third-stage hearing standard and burden)
- People v. Hall, 743 N.E.2d 521 (Ill. 2000) (delay attributable to defendant when defendant’s acts cause postponement)
- People v. Collum, 424 N.E.2d 440 (Ill. App. 1981) (distinguished — withdrawal of counsel left defendant unrepresented)
- People v. Ortiz, 919 N.E.2d 941 (Ill. 2009) (cumulative evidence rule)