Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after jury trial, of armed robbery. Defense counsel rendered deficient performance when he mistakenly failed to request vital DNA testing. That error caused prejudice to Defendant, as a negative DNA test would likely have resulted in an acquittal on the armed robbery charge. A defendant need only show that a negative DNA result would probably change the outcome of trial to establish prejudice. (HOLDRIDGE, concurring; SCHMIDT, dissenting.)