People v. Smart

Defendant appealed after he was found guilty of two counts of aggravated sexual abuse. On remand from the supreme court, the appellate court considered defendant’s claim that he was denied the effective assistance of counsel. The appellate court reversed and remanded, finding that defendant was denied the effective assistance of counsel when trial counsel did not object to the admission of other acts evidence and that defendant was prejudiced by the cumulative effect of that evidence. (C.A. WALKER, concurring and MIKVA, dissenting)