People v. Reyes
2025 IL App (2d) 240172
Ill. App. Ct.2025Background
- Michael J. Reyes was convicted in 2013 for the 1993 shooting deaths of Jesus and Francisco Montoya, based largely on testimonial evidence from cooperating witnesses and lacking direct physical evidence.
- Reyes later filed a postconviction petition claiming ineffective assistance of trial counsel for failing to interview and call alibi witnesses (his mother and sister), supporting this with affidavits.
- After the trial court dismissed the petition, the appellate court reversed and remanded for a third-stage evidentiary hearing limited to the ineffective assistance claim.
- At the remanded hearing, the trial court refused to permit Reyes to testify, reasoning his testimony was neither included in his petition nor within the appellate mandate's scope.
- The trial court again denied Reyes' petition, finding counsel's decision not to call alibi witnesses was reasonable trial strategy, and Reyes appealed the refusal to allow his testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant can testify at evidentiary hearing | Testimony not in petition or within remand's scope | Entitled to testify about alibi-related discussions | Refusal to allow testimony was error; remand ordered |
| Scope of remand order for evidentiary hearing | Mandate limited scope; only specific evidence allowed | Mandate did not limit evidence or witnesses | Mandate did not limit scope; complete hearing required |
| Ineffective assistance for not calling alibi witnesses | Counsel's decision was strategic and reasonable | Counsel failed to investigate/call crucial alibi defense | Court could not reach merits; evidentiary hearing incomplete |
| Proper discretion in evidentiary rulings | Court acted within its discretion | Court misunderstood its discretion and mandate | Lower court erred in understanding its discretion |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong test for ineffective assistance of counsel)
- People v. Whitfield, 217 Ill. 2d 177 (Ill. 2005) (explains stages of Illinois post-conviction proceedings)
- People v. Pendleton, 223 Ill. 2d 458 (Ill. 2006) (third-stage postconviction burden of proof and standard of review)
- People v. Jones, 2012 IL App (1st) 093180 (Ill. App. Ct. 2012) (trial court's discretion in evidentiary rulings)
- People v. Houston, 226 Ill. 2d 135 (Ill. 2007) (details on Strickland prong standards)
- People v. Perry, 224 Ill. 2d 312 (Ill. 2007) (presumption of reasonable trial strategy)