People v. Domagala

Summary

The Illinois Supreme Court reversed the second-stage dismissal of Albert Domagala's postconviction petition, holding he made a substantial showing that trial counsel was ineffective for failing to investigate and present a defense that gross negligence by treating medical staff—an unreliable swallow study performed with a cervical collar in place and the resulting feeding-tube insertion—was the superseding, intervening cause of the victim's death. Taking the supporting otolaryngologist's affidavit as true, the court found a viable defense existed that an objectively reasonable attorney would have investigated and pursued, satisfying Strickland's deficiency prong, particularly where counsel expressly disavowed any gross-negligence contention in closing argument. The court further held the proffered expert testimony was not merely cumulative of the medical examiner's trial testimony, and that any conflict between that opinion and the treating physicians' testimony was an evidentiary question reserved for the third-stage hearing, satisfying the prejudice prong.