People v. Turner

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2012 IL App (2d) 100819
Decision Date: 
Thursday, June 21, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BURKE
(Court opinion modified 7/11/12.) Defendant was convicted of aggravated criminal sexual abuse of a young male victim. Court properly dismissed postconviction petition alleging ineffective assistance of trial counsel, as counsel’s omitting evidence of Defendant’s romantic relationship with victim’s mother was a matter of trial strategy. Invalid affidavit is a nonjurisdictional procedural defect that State must raise or forfeit at second stage of postconviction proceedings. Invalid affidavit is not a basis for first-stage dismissal. (HUTCHINSON and ZENOFF, concurring.)