Defendant, who is black, was convicted, after jury trial, of aggravated battery, unlawful possession of a stolen motor vehicle, and the lesser-included criminal trespass, and was sentenced to 2 consecutive 7-year terms, to be served "day-for-day." Defense counsel inserted Defendant's race, with harmful stereotypes and personal bias, including describing the likely fears Defendant felt being "a black man in a white community", that were not based on evidence and lacked merit. opinions, into closing arguments. These actions were outside the bounds of sound trial strategy and show deficient performance by counsel, falling below the standard of reasonable assistance and prejudicing the Defendant. (LYTTON, concurring; HOLDRIDGE, specially concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel