Legal Opinion

People v. Orta

Appellate Court of Illinois

Decided September 27, 2005No. 1-04-2442 RelPublished

1Opinion of the Court 1

SECOND DIVISION

September 27, 2005

No. 1-04-2442

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the) Circuit Court of

Plaintiff-Appellee, ) Cook County.)

v. ))

EDWIN ORTA, ) Honorable) James R. Epstein,

Defendant-Appellant. ) Judge Presiding.

2Opinion of the Court · WolfsonJustice Wolfson

A person charged with a crime has the right to expect his lawyer’s questions to prosecution witnesses will not help the State prove its accusation. In this case, the defendant’s lawyer elicited testimony from police officers that enabled the State to prove an essential element of its charge. For that reason, we reverse the defendant’s conviction for…

3Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Lockhart v. FretwellSupreme Court of the United States · 1993
  3. People v. AlbaneseIllinois Supreme Court · 1984
  4. People v. StewartIllinois Supreme Court · 1984
  5. People v. CaballeroIllinois Supreme Court · 1989

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