People v. Whatley
2022 IL App (1st) 210113-U
| Ill. App. Ct. | 2022Background
- Defendant Lamar Whatley was tried for attempted first-degree murder of two men (Harvey and Jarrod) and found to have personally discharged a firearm; jury convicted and imposed consecutive terms totaling 66 years.
- At trial neither victim identified the shooter in court; both testified they could not see who fired from the tan Thunderbird, though prior statements implicated defendant.
- Police recovered a handgun from the engine compartment of defendant’s car; gunshot-residue test on defendant’s hand was negative and no forensic link was shown between the recovered revolver and the bullets.
- Defense counsel did not present a self-defense claim at trial; defendant did not testify after being personally admonished by the court that the decision to testify was his.
- In a pro se postconviction petition, Whatley alleged ineffective assistance: counsel failed to investigate/self-defense and discouraged him from testifying; he attached an affidavit describing the self-defense theory.
- The circuit court summarily dismissed the petition as frivolous and patently without merit; the appellate court affirmed, holding counsel’s strategy (reasonable-doubt defense) was not arguably deficient and Whatley voluntarily waived testimony.
Issues
| Issue | People’s Argument | Whatley’s Argument | Held |
|---|---|---|---|
| Whether the petition stated the gist of an ineffective-assistance claim where trial counsel allegedly failed to present a self-defense claim and discouraged defendant from testifying | Counsel acted reasonably in pursuing a reasonable-doubt strategy given weak admissible evidence of self-defense; defendant voluntarily waived his right to testify | Counsel was ineffective for not advancing self-defense and for persuading/keeping defendant from testifying; self-defense was his best (only) chance | Dismissal affirmed: counsel’s choice was a permissible trial strategy and defendant knowingly declined to testify, so no arguable Strickland claim |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
- People v. Hodges, 234 Ill. 2d 1 (2009) (first-stage postconviction standard; gist requirement)
- People v. Edwards, 197 Ill. 2d 239 (2001) (liberal pleading for pro se postconviction petitions)
- People v. Lynch, 104 Ill. 2d 194 (1984) (admissibility framework for self-defense evidence)
- People v. Madej, 177 Ill. 2d 116 (1997) (defendant’s personal right to decide whether to testify)
- People v. Frieberg, 305 Ill. App. 3d 840 (1999) (recommended trial-court admonition regarding defendant’s right to testify)
- People v. Watkins, 98 Ill. App. 3d 889 (1981) (police reports generally inadmissible as hearsay)
- People v. Smith, 195 Ill. 2d 179 (2000) (strategic choices by counsel generally immune from ineffective-assistance claims)