People v. Lewis

Defendant was found guilty of involuntary sexual servitude of a minor, traveling to meet a minor, and grooming. At trial, defendant asserted the defense of entrapment. On appeal, defendant argued defense counsel was ineffective in presenting his entrapment defense where he failed to object to the circuit court’s responses to two jury notes regarding the legal definition of “predisposed,” failed to object to the prosecutor’s closing argument mischaracterizing the entrapment defense and the parties’ burdens of proof, and failed to present defendant’s lack of criminal record to the jury. The appellate court agreed and reversed defendant’s conviction. The supreme court affirmed the judgment of the appellate court and remanded the matter for a new trial. Dissenting justices argued defendant could not establish the prejudice prong of Strickland. (ANNE M. BURKE, GARMAN, and OVERSTREET, concurring and MICHAEL J. BURKE, THEIS, and CARTER, dissenting.)