(Court opinion corrected 10/3/18.) Defendant was convicted, after jury trial, of predatory criminal sexual assault and aggravated criminal sexual abuse of his daughter, who was under age 13. No ineffective assistance of counsel, as Defendant failed to establish a reasonable probability that, had his trial counsel objected to officer's testimony about other victims' outcries, outcome of trial might have been different. Court 's failure to ask potential jurors whether they understood that a Defendant is not required to offer any evidence on his behalf because Defendant did offer evidence on his behalf at trial. Evidence was not closely balanced. Court could reasonably conclude that any impeachment material in victim's mental health treatment records, prior to her accusations, was available from other sources. (MIKVA and WALKER, concurring.)
Illinois Appellate Court
Criminal Court
Sexual Assault