People v. Szabo

582 N.E.2d 173, 144 Ill. 2d 525, 163 Ill. Dec. 907, 1991 Ill. LEXIS 91
Illinois Supreme Court·Decided October 17, 1991·No. No. 69284·Published·Cited by 61 cases

Opinions

JUSTICE HEIPLE

delivered the opinion of the court:

Defendant, John Szabo, was indicted by a Will County grand jury on two counts of intentional murder, two counts of felony murder and one count of conspiracy to commit armed robbery. Following a July 1979 bench trial before the circuit court of Will County, defendant was found guilty on all counts. A jury sentenced defendant to death for the murders, and the court imposed an additional three-year sentence on the conspiracy charge.

Defendant appealed to this court pursuant to article VI,’ section 4(b), of the 1970 Illinois Constitution (Ill. Const. 1970, art. VI, §4(b)) and Supreme Court Rule 603 (73 Ill. 2d R. 603). This court vacated defendant’s convictions and the cause was remanded to the circuit court for a determination as to whether a new trial was warranted. Defendant’s death sentence was vacated due to errors at sentencing. (People v. Szabo (1983), 94 Ill. 2d 327.) On remand, defendant’s convictions were reinstated and defendant was again sentenced to death. On direct appeal, these judgments were affirmed. People v. Szabo (1986), 113 Ill. 2d 83.

In September 1987, defendant filed a pro se petition for post-conviction relief, alleging, in part, that attorney David Landau had been prevented from rendering effective assistance of counsel to defendant due to disciplinary problems which led to Landau’s subsequent disbarment. The petition also alleged the ineffective assistance of defendant’s counsel at resentencing in 1984. Counsel was appointed to represent defendant on his pro se petition and informed the court that the defense would stand on the pro se petition. On March 10, 1989, the State filed a motion to dismiss the petition for post-conviction relief. The circuit court denied post-conviction relief on September 2, 1989, finding that Landau had provided effective assistance of counsel even though he had been the subject of complaints to the Attorney Registration and Disciplinary Commission (ARDC) during his representation of the defendant. The court further held that defendant had presented no evidence to substantiate the claim that resentencing counsel provided ineffective assistance of counsel. This court granted review under Supreme Court Rule 651(a) (134 Ill. 2d R. 651(a)).

Defendant first urges this court to grant him a new trial solely on the basis of Landau’s problems with the ARDC. In support of his contention, defendant relies exclusively on People v. Williams (1982), 93 Ill. 2d 309, in which this court ordered a new trial for a defendant whose trial counsel had been disbarred following an ARDC investigation which overlapped with defendant’s trial. The Williams court characterized the facts as “unique circumstances and sequence of events *** which will rarely, if ever, be duplicated.” (93 Ill. 2d at 325.) We now hold that the Williams decision was an aberration peculiar to the facts of that case. The unique circumstances of Williams have not been duplicated here and we decline to follow its holding.

Notwithstanding our view that Williams was a singular ruling, we note that the factual differences between the two cases are marked, and application of the Williams decision to the instant facts would be inappropriate. In Williams, the defendant offered “numerous instances of inaction by counsel to demonstrate that he was denied the effective assistance of counsel.” (93 Ill. 2d at 324.) This court’s doubts about counsel’s representation were accentuated by the burden of his simultaneous defense of three clients before two juries. (93 Ill. 2d at 325.) In the instant case, no effort was made to suggest ineffective assistance of counsel in either of the two previous appeals. Defendant’s post-conviction petition includes only two brief paragraphs alleging Landau’s deficient representation. The petition describes Landau’s failure to call witnesses on petitioner’s behalf, including petitioner himself, petitioner’s father and “other witnesses who could have impeached Leatherman’s account of the crimes.” Additionally, the petitioner alleges Landau’s failure to investigate the State’s expert witness.

These vague allegations do not compare favorably with the extensive list of alleged counsel errors in Williams, which included: the failure to make a motion to suppress physical- evidence crucial to the State’s case; the failure to object to the testimony of numerous witnesses; the failure to object to information imparted to the jury concerning review of its verdict; and the failure to make a motion for a new trial. (93 Ill. 2d at 324.) The Williams decision resulted from numerous allegations of significant counsel error in conjunction with counsel’s disciplinary problems. The instant case does not present a parallel set of facts.

The circumstances surrounding Landau’s disbarment further illustrate the factual dissimilarities between Williams and the instant case. Landau undertook representation of defendant in March 1979 and represented him through trial in July 1979. ARDC records reflect that prior to July 1979, four complaints had been filed against counsel. Landau first appeared before the Inquiry Board on May 30, 1980, some 10 months after defendant’s trial. At that time, numerous additional complaints had been received by the ARDC. Landau was eventually confronted with 78 complaints, 74 of which post-dated his representation of defendant. Landau subsequently requested that his name be removed from the roll of attorneys and was disbarred in November 1980. In contrast, counsel in Williams was the subject of disbarment proceedings at the time of the defendant’s trial. Those proceedings were the result of counsel’s misconduct in a matter predating the Williams case. 93 Ill. 2d at 314.

The standard for a determination of ineffective assistance of counsel is set forth in Strickland v. Washington (1984), 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052. Strickland established a two-prong test for judging attorney performance: first, that counsel’s representation fell below an objective standard of reasonableness; second, that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. (466 U.S. at 690, 693, 80 L. Ed. 2d at 695, 697, 104 S. Ct. at 2066, 2067.) The burden of proving prejudice rests with the defendant. (466 U.S. at 694, 80 L. Ed. 2d at 698, 104 S. Ct. at 2068.) This court adopted the Strickland standard in People v. Albanese (1984), 104 Ill. 2d 504. Defendant has failed to meet the burden of demonstrating ineffective assistance.

The record in the instant case reveals competent representation on defendant’s behalf. Counsel engaged in extensive discovery and effective presentation and cross-examination of witnesses. He filed and argued motions before and during trial. Finally, he delivered a strong closing argument on defendant’s behalf. Defendant’s complaints regarding Landau’s failure to present witnesses, including defendant, are directed at trial strategy. This court has repeatedly held that an ineffective-assistance-of-counsel claim which arises from a matter of defense strategy will not support a finding of ineffective representation. People v. Flores (1989), 128 Ill. 2d 66; People v. Ashford (1988), 121 Ill. 2d 55; People v. Madej (1985), 106 Ill. 2d 201.

The law does not require a perfect trial. It does, however, require a fair one.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Szabo, 582 N.E.2d 173, 144 Ill. 2d 525, 163 Ill. Dec. 907, 1991 Ill. LEXIS 91 (Ill. 1991).

582 N.E.2d 173 (People v. Szabo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Pittman
2025 IL App (1st) 241175 (Appellate Court of Illinois, 2025)
People v. Servin
2025 IL App (1st) 210186-U (Appellate Court of Illinois, 2025)
People v. Nelson
2024 IL App (5th) 210311 (Appellate Court of Illinois, 2024)
People v. Caldwell
2023 IL App (1st) 201375-U (Appellate Court of Illinois, 2023)
People v. Temple
2022 IL App (1st) 200979-U (Appellate Court of Illinois, 2022)
People v. Bentley
2020 IL App (1st) 180019-U (Appellate Court of Illinois, 2020)
People v. Thompson
2016 IL App (3d) 150644 (Appellate Court of Illinois, 2016)
People v. Jones
2016 IL App (3d) 140094 (Appellate Court of Illinois, 2016)
People v. Rogers
2015 IL App (2d) 130412 (Appellate Court of Illinois, 2015)
People v. Gamino
2012 IL App (1st) 101077 (Appellate Court of Illinois, 2012)
People v. Ramey
913 N.E.2d 670 (Appellate Court of Illinois, 2009)
People v. Perkins
890 N.E.2d 398 (Illinois Supreme Court, 2008)
People v. Chatman
830 N.E.2d 21 (Appellate Court of Illinois, 2005)
People v. Rials
802 N.E.2d 1240 (Appellate Court of Illinois, 2003)
People v. De Avila
Appellate Court of Illinois, 2002
People v. Munson
794 N.E.2d 155 (Illinois Supreme Court, 2002)
People v. Williams
708 N.E.2d 1152 (Illinois Supreme Court, 1999)
People v. Szabo
708 N.E.2d 1096 (Illinois Supreme Court, 1998)