Respondent minor, age 17 at time of offense, was adjudicated delinquent of armed robbery and sentenced to 3 years probation. Totality of circumstances and U.S. Supreme Court's 1972 Neil v. Biggers decision factors favor State and support court's finding that victim's identification was reliable. Victim had an unobstructed view of minor's face and his gun from a distance of 2 feet for 5-7 minutes, was certain he was the man who robbed her at gunpoint and had to problem at all picking him out of photo array. The basic legal principle that a single eyewitness identification of the accused under circumstances permitting a positive identification is sufficient to convict is still intact. Minor failed to overcome strong presumption that counsel, as a matter of sound trial strategy, decided not to present victim's 9-year-old daughter as a witness to deprive State of an opportunity to emphasize that she sat next to victim as she was being robbed, and thus no ineffective assistance of counsel. (PIERCE and WALKER, concurring.)
Illinois Appellate Court
Civil Court
Juvenile Law