Legal Opinion

People v. Montanez

Appellate Court of Illinois

Decided June 10, 1996No. 1-94-0015PublishedCited by 9 opinions

1Opinion of the CourtJustice Wolfson

Is it ineffective assistance of counsel for a defense lawyer to pursue a strategy that requires the jury to ignore the law? Our answer is: not under the facts of this case. We affirm the defendant’s convictions and sentences for murder and armed robbery.

FACTS

On September 27, 1991, security guard Ted McWherter was fatally shot in the head while working in a factory at 4250 West Shubert in Chicago. An autopsy showed that the bullet was fired at close range. Two years later, in September 1993, Hector Montanez was tried and convicted by a jury. He later was sentenced to concurrent prison terms of…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. CronicSupreme Court of the United States · 1984
  3. People v. AlbaneseIllinois Supreme Court · 1984
  4. People v. PerruquetIllinois Supreme Court · 1977
  5. Horning v. District of ColumbiaSupreme Court of the United States · 1920

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3Cited by9 opinions

  1. People v. BrooksAppellate Court of Illinois · 1998
  2. State v. SaylesCourt of Appeals of Maryland · 2021
  3. State v. HatoriHawaii Intermediate Court of Appeals · 1999
  4. People v. SmithAppellate Court of Illinois · 1998
  5. People v. CundiffAppellate Court of Illinois · 2006

4 more not listed; retrieve them via the Exa API.

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