Illinois Appellate Court
Criminal Court
Due Process
(Court opinion corrected 1/28/14.) Defendant was convicted, after bench trial, of first degree murder, home invasion, and armed robbery. Defendant was denied due process when court based its finding of guilt at bench trial on mistaken recollection of testimony of defense DNA expert, as testimony was crucial testimony of the only defense witness. Defense counsel had just argued, through his expert’s testimony, that DNA evidence was inconclusive and thus he was not required to interrupt court to point out that the court was wrong. Thus, defense did not waive this claim by not objecting during trial. (HALL, concurring; LAMPKIN, dissenting.)