People v. Bunch

2025 IL App (2d) 240640-U
CourtAppellate Court of Illinois
DecidedDecember 3, 2025
Docket2-24-0640
StatusUnpublished

This text of 2025 IL App (2d) 240640-U (People v. Bunch) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Bunch, 2025 IL App (2d) 240640-U (Ill. Ct. App. 2025).

Opinion

2025 IL App (2d) 240640-U No. 2-24-0640 Order filed December 3, 2025

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of Lake County. ) Plaintiff-Appellee, ) ) v. ) No. 09-CF-2452 ) ROBERT J. BUNCH, ) Honorable ) George D. Strickland Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________

JUSTICE JORGENSEN delivered the judgment of the court. Presiding Justice Kennedy and Justice Mullen concurred in the judgment.

ORDER

¶1 Held: The circuit court properly denied defendant’s petition for leave to file a successive postconviction petition, as the petition was deficiently pleaded, unreasonable assistance of prior postconviction counsel is not a cognizable claim, and case law does not support reviving defendant’s pro se allegations. Affirmed.

¶1 Defendant, Robert J. Bunch, appeals from the circuit court’s order denying him leave to

file a successive postconviction petition under the Post-Conviction Hearing Act (Act) (725 ILCS

5/122-1 et seq. (West 2022)). Defendant contends he adequately alleged cause and prejudice, was

subjected to tiers of ineffective and unreasonable assistance of counsel, and was denied an

adequate opportunity to collaterally attack his conviction. Moreover, he asserts that the circuit 2025 IL App (2d) 240640-U

court misapprehended the law when it denied his petition and improperly engaged in “fact finding”

at the leave-to-file stage. For the following reasons, we affirm.

¶2 I. BACKGROUND

¶3 A. Trial and Direct Appeal

¶4 In 2011, defendant was represented by private counsel, James Schwarzbach and Lawrence

Wade, and convicted of first degree murder (725 ILCS 5/9-1(a)(1) (West 2008)) under a theory of

accountability. Defendant was sentenced to 38 years’ imprisonment. See People v. Bunch, 2012

IL App (2d) 110404-U. In his post-trial motion, defendant alleged, inter alia, that (1) audio tapes

between defendant, witness Ebony Moore, and co-defendant Lorenzo White, and the Sprint

telephone records were admitted without proper foundation; (2) White’s testimony was improperly

admitted in contravention of his fifth amendment rights; (3) witness Ethyl Amos’ redacted

statement was improperly admitted as a prior inconsistent statement; (4) White’s and Moore’s

audio recordings were improperly admitted under the coconspirator exception to the hearsay rule;

(5) the court precluded defendant from raising an alibi defense and cross-examining the State’s

witnesses in line with this defense; (6) the court erred by providing Illinois Pattern Jury

Instructions, Criminal, Nos. 5.03, 5.03A, 7.01, 7.02, 26.01, and 11.54 (4th ed. 2000) (hereinafter,

IPI Criminal 4th); and (7) the court erred in denying his Batson challenge (Batson v. Kentucky,

476 U.S. 79 (1986)).

¶5 On direct appeal, appellate counsel argued only that the circuit court erred when it denied

defendant’s Batson challenge, and the court improperly imposed a DNA analysis fee. This court

affirmed the circuit court’s ruling but vacated the DNA analysis fee. See Bunch, 2012 IL App (2d)

110404-U, ¶¶ 14-16.

¶6 B. First Postconviction Petition and Appeal

-2- 2025 IL App (2d) 240640-U

¶7 On December 10, 2012, defendant filed a pro se postconviction petition, alleging (1) the

State committed a Brady violation (Brady v. Maryland, 373 U.S. 83 (1963)), where White

previously told prosecutors that defendant was not involved in the murder; (2) ineffective

assistance of trial counsel where counsel failed to present Amos’ recantation affidavit at trial and

failed to investigate and locate Michelle Pierson, an eyewitness to the murder; (3) ineffective

assistance of appellate counsel for failing to raise trial counsels’ ineffectiveness; (4) improper

denial of White’s fifth amendment rights; (5) newly-discovered evidence of actual innocence from

Pierson indicating that defendant was not involved in the murder; (6) improper admission of audio

recordings and Sprint telephone records without the necessary foundation; (7) the court improperly

precluded defendant from presenting an alibi defense and cross-examining the State’s witnesses

in line with that defense; and (8) denial of a fair trial, where the court utilized improper jury

instructions (IPI Criminal 4th Nos. 5.03, 5.03A, 7.01, 7.02, 26.01, and 11.54).

¶8 On March 7, 2013, the court advanced defendant’s petition to second-stage proceedings,

having found the petition stated the gist of a constitutional violation. Thereafter, the court

provisionally appointed the public defender, pending an investigation of a potential conflict of

interest. Specifically, the public defender’s office was investigating whether a conflict existed by

representing defendant in his postconviction petition, where it had previously represented the co-

defendant, White, at trial. Ultimately, assistant public defender Erin Deeley was appointed;

however, shortly after her appointment, on May 20, 2013, defendant asked private counsel,

Schwarzbach and Wade (his trial attorneys), to represent him. Both private attorneys explained to

the court that their own conflict analysis would be undertaken, as defendant’s pro se claims of

ineffectiveness implicated their representation. Nonetheless, both attorneys believed that

defendant would abandon his claims of ineffectiveness, as “he [w]as attempting to champion the

-3- 2025 IL App (2d) 240640-U

issues [sic] of newly discovered evidence.” In response, Deeley indicated that she discontinued

working on defendant’s case and advised him “about potential conflicts.” At the conclusion of the

hearing, the court granted Deeley leave to withdraw.

¶9 Thereafter, defendant’s private attorneys sought additional time to speak with him about

his claims and the potential conflict of interest. The court refused to bring defendant to court for

future status hearings regarding the conflict, noting “[i]f he tells you that he wants you to raise the

ineffective assistance claim, you then ethically have to remove yourself.” Alternatively, the court

further noted, if defendant waived his ineffective-assistance-of-counsel claim due to the conflict,

it need not hold another hearing to discuss the matter further; rather, defense counsel “w[ould]

submit an amended petition without [that claim].”

¶ 10 On August 20, 2013, defendant’s private attorneys moved to withdraw, due to a conflict of

interest. The court granted the motion and reappointed the public defender’s office. John Hock

appeared on behalf of defendant.

¶ 11 On May 14, 2015, Hock amended defendant’s postconviction petition, asserting only two

freestanding claims of actual innocence. Since defendant’s trial, he obtained affidavits from

Tashanda Mason and White averring that defendant did not commit the murder. Counsel did not

incorporate by refence defendant’s pro se claims. Additionally, he filed a Rule 651(c) certificate

(Ill.

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Related

Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Wainwright v. Torna
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Batson v. Kentucky
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Bluebook (online)
2025 IL App (2d) 240640-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bunch-illappct-2025.