People v. Taylor 

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
No. 2-08-1100
Decision Date: 
Tuesday, November 16, 2010
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON
Defendant was convicted, after jury trial, of home invasion. Court summarily dismissed as frivolous his postconviction petition. Court properly dismissed petition, which alleged that he stated gist of a constitutional claim in his allegation that one juror was crying during victim's testimony. Record did not affirmatively establish that juror was crying, but instead indicates that court called recess because one juror needed to use restroom. Defendant failed to effectively raise issue in trial court; thus, court had no opportunity to remedy any claim of prejudice. (McLAREN and JORGENSEN, concurring.)