Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was found guilty of two counts of domestic battery. Defendant appealed arguing that he was denied the effective assistance of counsel where counsel promised testimony during opening statements that was not presented to the jury and by failing to object to remarks in rebuttal argument that shifted the burden of proof. The appellate court affirmed, finding that unforeseen events forced counsel to change legal strategy and that the State’s comments during rebuttal were not prejudicial. (McLAREN and BIRKETT, concurring.)