People v. MF
Issue on Appeal:
Ineffective Assistance of Counsel and Hearsay Evidence
People v. MF, 336 Ill.App.3d 739 (1st Dist. 2002)
In that case, the defendant went to trial with another lawyer, and he was convicted of attempt first-degree murder, armed robbery, and aggravated battery with a firearm and sentenced to 24 years in prison. While the case was pending, and prior to trial, one of the State’s key witnesses died. At trial, the State repeatedly referred to the fact that the deceased witness had identified the defendant in a photo array and a live lineup as being one of the assailants.
On appeal, Himel argued that the defendant was denied a fair trial because his lawyer failed to object when the State introduced hearsay evidence and his lawyer failed to object.
The Illinois Appellate Court held, “We agree with (Himel) that the testimony in question constitutes hearsay and that its admission was error.” The Court concluded, “(W)e cannot say that the multiple references to (the deceased witness’) identification of the defendant had no effect on the outcome of the case. Accordingly, we reverse the defendant’s convictions and sentences and remand for a new trial.”
Himel represented the defendant on the retrial and the defendant was acquitted.
