Conviction and 6-Year Mandatory Minimum Sentence for Intent to Deliver Cannabis Overturned on Appeal

For Immediate Release: July 14, 2014

Ottawa, IL – A panel of justices in the Appellate Court of Illinois, Third District, agreed with the Chicago-based law firm of Muslin & Sandberg that the performance of the defendant's Moline-based counsel at the stipulated bench trial "was deficient and that [the defendant] was prejudiced by that deficient performance." People v. Maloney, 2014 IL App (3d) 120947-U, ¶ 27 (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)). "[T]he defendant’s conviction for possession with intent to deliver [cannabis, in violation of 720 ILCS 550/5(g),] was reversed because he received ineffective assistance of counsel during the stipulated bench trial when his counsel failed to present any evidence to challenge the intent to deliver." Maloney, 2014 IL App (3d) 120947-U, ¶ 1.

The Court's ruling in this matter is important because it is the rare instance when a reviewing court is willing to entertain ineffective assistance of counsel claims on direct review, as in this matter.

WHAT: Rule 23 Order in People v. Maloney, 2014 IL App (3d) 120947-U.

WHO: The law firm of Muslin & Sandberg represented the defendant on direct appeal in the Third District Appellate Court.

To view a PDF of the Court's Order, please click here: People v. Maloney, 2014 IL App (3d) 120947-U.