Failure to Move for a Mistrial After Introducing Hearsay Testimony
In People v. Phillips, 227 Ill. App. 3d 581, 592 N.E.2d 233, 169 Ill. Dec. 746 (1992) defense counsel elicited hearsay testimony from a detective that further incriminated his client, specifically that another suspect in the case told the detective that the defendant robbed the victim.
The court in Phillips rejected the prosecution's characterization of defense counsel's cross-examination as "sound trial strategy." Phillips, 227 Ill. App. 3d at 590.
The trial judge recognized the problem of introducing the hearsay testimony and stated so in a sidebar. Phillips, 227 Ill. App. 3d at 584-85.
The court in Phillips concluded, as follows:
"Because the hearsay testimony from the detective was devastating to defendant's case, we find that a mistrial would have been proper.
Since defense counsel failed to move for a mistrial, we find his conduct fell below the permissible standards of effective assistance as articulated in Strickland and Albanese." Phillips, 227 Ill. App. 3d at 590.