People v. Johnson 

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 2-08-0839
Decision Date: 
Friday, May 21, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed in part, vacated in part; remanded.
Justice: 
BOWMAN
(Court opinion corrected 4/20/12.) Defendant, convicted of aggravated kidnapping and aggravated criminal sexual assault, was arguably denied effective assistance of counsel when his assistant public defender was allowed to withdraw and had failed to obtain fingerprint report which could lend support to his defense, as fingerprints taken from victim's car did not match Defendant's fingerprints. Counsel's performance arguably fell below objective standard, as record prior to his appointment contained references to fingerprint report, and Defendant was arguably prejudiced as report was not cumulative. (ZENOFF and SCHOSTOK, concurring.)