Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after jury trial, of criminal abuse or neglect of an elderly person. Defense counsel was ineffective in failing to move for a directed verdict based on the statutory good faith exception, and in failing to request a jury instruction on the exception. These failures were objectively unreasonable and constituted deficient performance. Defense counsel's failure to request a jury instruction on the exception prejudiced Defendant and rendered the proceeding fundamentally unfair. (HOLDER WHITE and STEIGMANN, concurring.)