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PEOPLE v. CALHOUN

No. 4-02-0944.

815 N.E.2d 492 (2004)

351 Ill. App.3d 1072

278 Ill.Dec. 89

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Cory W. CALHOUN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

September 1, 2004.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender (Court-appointed), Terry Louisa Campos, Assistant Defender, Office of the State Appellate Defender, Chicago, for Cory W. Calhoun.

Barney S. Bier, State's Attorney, Quincy, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, James C. Majors, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

This case requires us to determine whether criminal defense counsel may properly force his client to choose between testifying without his counsel's assistance or not testifying at all, when defense counsel's determination that his client will commit perjury on the witness stand is based solely on counsel's assessment of the evidence. We hold that he may not.

I. BACKGROUND

In February 1999, the...

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