In re Jonathon C.B., a Minor

(Dissents added on denial of rehearing 11/28/11.) A minor, then age 16, was convicted of criminal sexual assault and attempted robbery, alleged in delinquency petition, and was adjudicated delinquent. Evidence on sexual assault charge was sufficient for finding of guilt. Defense counsel failed to object to shackling during trial, and record does not indicate that trial judge had been aware of shackling until Defendant was called to testify and shackles were then ordered removed. U.S. Constitution does not guarantee right to jury trial to minors in state court juvenile proceedings, and nor does Illinois Constitution except in very limited circumstances. (GARMAN, KARMEIER, and THEIS, concurring; KILBRIDE, FREEMAN, and BURKE, dissenting.)