People v. Papaleo

Defendant was convicted of aggravated criminal sexual assault of his daughter, then age 7.  State produced enough evidence to indict defendant even without detective's false testimony and because the testimony regarding G.G.’s injury was superfluous to actual elements of crime charged, Defendant cannot show that false testimony prejudiced him for purposes of his due process claim. As his due process claim lacks even superficial legal merit, defendant cannot show that he was arguably prejudiced by appellate counsel’s failure to raise this issue on direct appeal. (HOFFMAN and ROCHFORD, concurring.)