Defendant, age 22 at time of offense, was convicted, after jury trial, of 1st degree murder of his girlfriend's 2-year-old daughter, and sentenced to 60 years. Child died from a closed head injury and blunt trauma to the abdomen, and Defendant admitted that he punched the child in the stomach 2 or 3 times and hit her in the head, knocking her off the counter and onto the concrete floor. Given overwhelming evidence of guilt, independent of shaken baby syndrome diagnosis, there is no reasonable probability that the result of proceeding would have been different if trial counsel had presented evidence challenging it, and thus no ineffective assistance of counsel. Court did not err in denying Defendant's motion for leave to file a successive postconviction petition. Court considered multiple circumstances as to Defendant's youth and rehabilitative potential; sentence does not violate proportionate penalties clause. (CATES and MOORE, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions