People v. Barker

── People v. Barker ── Court: Appellate Court of Illinois Date: May 08, 2026 Category: General 2026 IL App (1st) 241395-U FIRST DISTRICT, SIXTH DIVISION May 8, 2026 No. 1-24-1395 NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 01 CR 2634602 ) TERRY BARKER, ) Honorable ) William G. Gamboney, Defendant-Appellant. ) Judge Presiding. JUSTICE GAMRATH delivered the judgment of the court. Justices Pucinski and Hyman concurred in the judgment. ORDER ¶1 Held: We affirm the circuit court’s dismissal of a postconviction petition at the second stage where defendant failed to make a substantial showing that trial counsel was ineffective or that he was actually innocent. ¶2 On October 17, 2001, a group of men approached five individuals and robbed them at gunpoint before fleeing together in the same vehicle. Four victims testified and all identified the driver of the getaway car, defendant Terry Barker (“Barker”), as one of the robbers. Barker was found guilty of armed robbery and sentenced to 90 years’ imprisonment. In his postconviction No. 1-24-1395 petition, Barker asserts (1) his trial counsel was ineffective for failing to investigate and call a witness who would testify she “thought” Barker was behind her while running away from the robbers and (2) the recantation of one of the four victims was sufficient to make a substantial showing of actual innocence. We affirm the second-stage dismissal of Barker’s petition. ¶3 I. BACKGROUND ¶4 Around 10:00 p.m. on October 17, 2001, Cardessa Smith (“Cardessa”), Daniel Smith (“Daniel”), Melvin Parker (“Melvin”), Shunte Heard (“Shunte”), and Zack Howard (“Zack”) were standing outside of Daniel’s home. Cardessa, Daniel, Melvin, and Shunte all testified consistently at trial. 1 ¶5 Cardessa testified they were sitting outside Daniel’s home with Felicia Black (“Felicia”) when a group of four or five men walked up from the east. Barker, wearing glasses and “a red hood and some jeans,” approached Felicia and they walked three or four feet away. At this point Kenneth Barker (“Kenneth”) displayed a “big gun” and yelled, “Break yourself,” which meant “[r]obbery, give up whatever you have.” Cardessa was told to drop her purse and wallet and forced into a hallway with Daniel, Shunte, Melvin, and Zack. Cardessa put her hands on the wall as the third man patted her down. She noted the fourth man was wearing a grey jump suit and held a handgun. Cardessa noticed Terry Barker standing outside close to the door but did not recall if he was holding a gun. At one point, Kenneth told Daniel, “I should kill your fat ass.” ¶6 The