Appellate Court of Illinois

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People v. McCarter, 1-06-0058

A conviction of first degree murder and a sentence to 60 years' imprisonment is remanded where: 1) although some evidence in the form of prior inconsistent statements were inadmissible as lay opinion testimony giving incriminating interpretations to statements made by the defendant the remaining admissible evidence was so strong that no prejudice resulted from the error and as a result there was no ineffective assistance of counsel for failure to raise objections; 2) the defendant waived his claim that the trial court erred in allowing the jury to view certain autopsy photos; and 3) the trial court failed conduct a proper preliminary inquiry to clarify whether and on what grounds it implicitly found that the defendant's claim of ineffective assistance was spurious.

Appellate Information

  • Decided 06/06/2008
  • Published 06/11/2008

Judges

  • Justice JOSEPH GORDON delivered the opinion of the court:

Court

  • Appellate Court of Illinois

Counsel

  • For Appellant:
  • Michael J. Pelletier, Deputy Defender, Brian Carroll, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

  • For Appellees:
  • Richard A. Devine, State's Attorney, Cook County, Chicago, James E. Fitzgerald, Samuel Shim, Christina M. Brewer, Assistant State's Attorneys, for Appellee.