People v. Lewis

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2017 IL App (1st) 150070
Decision Date: 
Thursday, June 29, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
McBride

Defendant was found guilty of aggravated criminal sexual assault. On appeal, Defendant argued that he presented an arguable claim of ineffective assistance of counsel based on counsel's failure to investigate his negative chlamydia test results, and to present that evidence in support of his contention that the victim's positive chlamydia test results should have been admitted. Court properly found that Defendant’s counsel was not ineffective, because counsel did present this argument in court. Additionally, even if his counsel had failed to present the evidence such failure would not constitute deficient performance, because Court did not exclude the test results because counsel did not make an adequate offer of proof or because Court did not believe that evidence of Defendant's negative results existed. Instead, Court considered the relevance of the test results, and determined that their probative value did not outweigh the interests protected under the rape shield law.