People v. Minniefield
Decision Date | 31 December 2014 |
Docket Number | No. 1–13–0535.,1–13–0535. |
Citation | 25 N.E.3d 34 |
Parties | The PEOPLE of the State of Illinois, Plaintiff–Appellee, v. Gregory MINNIEFIELD, Defendant–Appellant. |
Court | United States Appellate Court of Illinois |
Michael J. Pelletier, Alan D. Goldberg, and Yasaman Hannah Navai, all of State Appellate Defender's Office, of Chicago, for appellant.
Anita M. Alvarez, State's Attorney, of Chicago (Alan J. Spellberg, Michele Grimaldi Stein, and Peter Maltese, Assistant State's Attorneys, of counsel), for the People.
delivered the judgment of the court, with opinion.
¶ 1 Defendant Gregory Minniefield was found guilty after a jury trial of first-degree murder and sentenced to 25 years for murder, plus a 25–year enhancement for personally discharging a firearm, for a total of 50 years with the Illinois Department of Corrections.
¶ 2 At his jury trial, defendant testified: that he walked with a gun at his side toward the victim's parked vehicle, that the victim said “Oh, s* * *!” and reached toward something on the floor, that defendant reached his gun inside the victim's vehicle and fired two shots in self-defense toward “whatever” the victim was reaching for, that the victim's vehicle moved forward, and that the driver's window frame hit defendant's gun, causing it to discharge multiple times accidentally. Thus, there was no dispute at trial that defendant was the shooter or that the shots from defendant's gun killed the victim. The only issues at trial concerned self-defense and accident and, at defense counsel's request, the jury received second-degree murder instructions and a self-defense instruction. However, the jury rejected these options and convicted defendant of first-degree murder.
¶ 3 On direct appeal, defendant claimed that his counsel was ineffective for failing to request an involuntary manslaughter instruction because his testimony demonstrated that he acted recklessly when he shot the victim. The appellate court held that, since the record did not disclose whether counsel and defendant discussed this option, “the basis of defendant's ineffective assistance claim wholly relies on matters not of record,” and “the claim must be raised in a collateral proceeding,” such as a postconviction proceeding. People v. Minniefield, No. 1–05–2792, slip op. at 6, 372 Ill.App.3d 1097, 346 Ill.Dec. 306, 940 N.E.2d 306 (2007)
(unpublished order under Supreme Court Rule 23 ).
¶ 4 Defendant then filed a pro se postconviction petition in December 2007, alleging ineffective assistance of trial counsel based on counsel's alleged failure both to request an involuntary manslaughter jury instruction and to investigate witnesses. The trial court summarily dismissed the petition on February 6, 2008, finding his claims frivolous and patently without merit. On May 28, 2010, this court reversed the trial court's summary dismissal holding that, on the record before it, defendant's “allegation that counsel failed to investigate or present witnesses has an arguable basis in law and fact.” People v. Minniefield, No. 1–08–0649, slip op. at 4, 398 Ill.App.3d 1102, 370 Ill.Dec. 768, 988 N.E.2d 1124 (2010)
(unpublished order under Supreme Court Rule 23 ) (the case for second-stage proceedings). After remand and appointment of counsel, counsel filed a supplemental petition, which the trial court dismissed on January 15, 2013.
¶ 5 It is this January 15, 2013, second-stage dismissal which is the subject of the current appeal. On this appeal, defendant argues: (1) that he has made a substantial showing that he acted in self-defense and thus is actually innocent; and (2) that his counsel was ineffective (a) for failing to ask for an involuntary manslaughter jury instruction and (b) for failing to investigate or call occurrence witnesses. At the second-stage proceeding which we are reviewing, the State conceded that the two affidavits which defendant submitted in support of his actual innocence claim are newly discovered. Defendant requests this court to remand for a third-stage evidentiary hearing.
¶ 6 For the following reasons, we affirm.
¶ 7 BACKGROUND
¶ 8 I. The Evidence at Trial
¶ 10 On direct appeal, we summarized the evidence at trial as follows:
Minniefield, No. 1–05–2792, slip op. at 2.
¶ 12 We further described defendant's pretrial confession as follows:
Minniefield, No. 1–05–2792, slip op. at 2.
¶ 16 We described the State's rebuttal case as follows:
Minniefield, No. 1–05–2792, slip op. at 4.
¶ 18 At the jury instruction conference, defense counsel requested instructions on both second-degree murder and self-defense, which the trial court gave over the State's objection.
¶ 19 The jurors were instructed that, in order to sustain the charge of first-degree murder, the...
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...merit.¶ 109 A claim of ineffective assistance has two elements: (1) deficient performance and (2) resulting prejudice. People v. Minniefield, 2014 IL App (1st) 130535, ¶ 70, 388 Ill.Dec. 751, 25 N.E.3d 34. I will organize my discussion accordingly.¶ 110 A. Deficient Performance¶ 111 Defense......
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People v. Minniefield
...affirmed the second-stage dismissal of defendant's first postconviction petition on December 31, 2014. People v. Minniefield , 2014 IL App (1st) 130535, 388 Ill.Dec. 751, 25 N.E.3d 34, ¶ 6. On August 14, 2015, this court also affirmed the dismissal of defendant's "Motion to Vacate Convictio......
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...that, but for the deficient performance, the outcome of theproceeding would have been more favorable to the defendant. Minniefield, 2014 IL App (1st) 130535, ¶ 71, 25 N.E.3d 34. To establish a "reasonable probability," a defendant has to do more than show that the deficient performance, had......