People v. Veach
2017 Ill. LEXIS 461
| Ill. | 2017Background
- Blackie Veach was convicted by a Coles County jury of two counts of attempted murder for allegedly cutting the throats of Matthew Price and Renee Strohl; sentenced to consecutive 16-year terms.
- Key prosecution evidence included videotaped/audio-recorded statements by witnesses Johnny Price, Matthew Price, and Renee Strohl, each of which the parties stipulated to admit and the jury heard in full.
- Defense counsel expressly stated he wanted portions of the recordings for impeachment and acknowledged that using such portions could "open the door" to the State playing the entire recordings; he ultimately acquiesced to full admission under the State’s "doctrine of completeness" argument.
- At trial defense pursued alternate theories (Matthew attacked Renee and self-injury; Johnny or someone else did it) and presented character and prior-incident evidence to support those theories.
- On direct appeal the appellate court declined to review Veach’s claim that trial counsel was ineffective for stipulating to the recordings, categorizing the case as one where the record was inadequate and advising Veach to raise the claim in postconviction proceedings.
- The Illinois Supreme Court granted leave, held the record was adequate to decide the ineffective-assistance claim on direct review, reversed the appellate court’s refusal-to-review ruling, and remanded for consideration of the claim on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate court properly declined to address an ineffective-assistance claim on direct review and directed the defendant to raise it in postconviction proceedings | The State (plaintiff-appellee) conceded the appellate court should have considered the claim on direct appeal; argued counsel’s stipulation was not prejudicial or deficient | Veach argued appellate court erred; the record contains counsel’s on-the-record statements explaining the stipulation, so claim can be resolved on direct review | Illinois Supreme Court: appellate court erred in categorically declining review; direct-review consideration is required when the record is adequate; remanded for appellate court to decide the claim on the merits |
| Whether trial counsel’s stipulation to admission of witnesses’ recorded statements constituted ineffective assistance under Strickland | State argued counsel’s decision was reasonable and not prejudicial | Veach argued counsel’s stipulation permitted harmful prior-bad-act and inconsistent statements to be heard in full, undermining defense theories and constituting deficient, prejudicial performance | Court did not decide the Strickland merits; it held the record was sufficient to permit appellate resolution and remanded for the appellate court to review the ineffective-assistance claim |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishing the two-prong ineffective-assistance standard of deficient performance and prejudice)
- Massaro v. United States, 538 U.S. 500 (ineffective-assistance claims need not always be raised on direct appeal; collateral proceedings often permit fuller fact development)
- People v. Bew, 228 Ill. 2d 122 (Illinois recognition that some ineffectiveness claims may require collateral development but not a blanket rule)
- People v. Kokoraleis, 159 Ill. 2d 325 (Illinois rule that claims apparent on the record must be raised on direct appeal)
- People v. Kunze, 193 Ill. App. 3d 708 (appellate decision declining to resolve ineffectiveness claims on direct appeal when record is undeveloped; Illinois Supreme Court criticized broad application)