Criminal procedure — grounds for ineffective counsel

Posted April 24, 2015 2:49 PM

Where there was no indication prior to testimony presented at trial of any irregularities in the administration of an horizontal gaze nystagmus test, the defendant’s counsel is not ineffective for failing to file a motion in limine to exclude the evidence. As such, a motion would have to rely on conjecture and can only be demonstrated as prejudicial in hindsight.The Illinois Appellate Court, 1st District, 6th Division, affirmed a decision by Cook County Associate Judge Carol A. Kipperman.At 10:50 p.m. June 18, 2009 …

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