Legal Opinion · Dissent

People v. Whiting

Appellate Court of Illinois

Decided May 17, 2006No. 2-05-0306Published

1DissentJustice Gilleran Johnson

The defendant’s conviction and sentence should be affirmed.

Contrary to the majority’s conclusion, the trial court’s determination that the defendant had not been deprived of her right to testify was not against the manifest weight of the evidence. At the hearing on her posttrial motion, the defendant was the only person to testify. She testified that she wanted to testify at trial but that her attorney would not allow her. The majority places great weight on the fact that the State did not call any witnesses to contradict her testimony. The majority claims that because her testimony was…

2Cases cited36 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Arizona v. FulminanteSupreme Court of the United States · 1991
  4. Momon v. StateTennessee Supreme Court · 2000
  5. People v. PrimIllinois Supreme Court · 1972

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