People v. Smart

Defendant was found guilty of two counts of aggravated criminal sexual abuse and was sentenced to 30 months of probation. On appeal, defendant argued that the trial court erred by admitting other acts evidence and that he received ineffective assistance of counsel. In a prior appeal, the Illinois Supreme Court found that while the trial court erred in the admission of other acts evidence, it was harmless error and remanded for the appellate court to consider the ineffective assistance of counsel claim. The appellate court reversed and remanded, finding that defendant was denied the effective assistance of counsel where counsel failed to object to other acts and hearsay evidence. (C.A. WALKER, concurring and MIKVA, dissenting)