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PEOPLE v. BARTON

No. 5-94-0486.

677 N.E.2d 476 (1997)

286 Ill. App.3d 954

222 Ill.Dec. 273

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael BARTON, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

February 28, 1997.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Janet Gandy Fowler, Assistant Defender, Office of the State Appellate Defender, Fifth Judicial District, Mount Vernon, for defendant-appellant.

Robert B. Haida, State's Attorney, Belleville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Philip B. Alfeld, Contractual Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice GOLDENHERSH delivered the opinion of the court:

After a jury trial defendant, Michael Barton, was found guilty of first-degree murder (Ill.Rev.Stat.1991, ch. 38, par. 9-1(a)(1) (now 720 ILCS 5/9-1(a)(1) (West 1994))) and sentenced to 60 years in the Department of Corrections. In this cause, defendant contends that (1) he was denied a fair trial due to ineffective assistance of counsel because his counsel recognized that the testimony of three crucial witnesses...

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