(Court opinion corrected 12/4/17.) Defendant was convicted, after jury trial, of aggravated domestic battery for beating his brother-in-law. No denial of fair trial in court not instructing jury that victim's prior convictions of home invasion and armed robbery could be used to assess his credibility, as it was up to Defendant to tender the instruction (IPI Criminal 3.12) if he sought to undermine victim's credibility, but he failed to do so. Court satisfied inquiry requirement as to Defendant's claims of ineffective assistance of counsel. Court gave Defendant ample opportunity to explain each allegation, questioned Defendant and trial counsel, and adequately inquired into and considered allegations stated in court filings. Court did not abuse its discretion in sentencing Defendant,a Class X offender who committed offense while on parole, to 15 years. (TURNER and STEIGMANN, concurring).
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel