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PEOPLE v. MATNEY

No. 2-96-0306.

686 N.E.2d 1239 (1997)

293 Ill. App.3d 139

227 Ill.Dec. 83

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gary D. MATNEY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 6, 1997.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Kathleen T. Zellner and Douglas H. Johnson (Court-appointed), Kathleen T. Zellner & Associates, Naperville, for Gary D. Matney.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Anthony J. Peraica, Chicago, for the People.

Justice INGLIS delivered the opinion of the court:

Following a jury trial, defendant, Gary D. Matney, appeals his conviction of first-degree murder (720 ILCS 5/9—1(a)(1), (a)(2) (West 1994)). On appeal, defendant contends that (1) the trial court erred in denying his motion to suppress statements; (2) the trial court erred in giving the jury instructions over defendant's objections regarding defendant's failure to testify; and (3) he received ineffective assistance...

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