Illinois Appellate Court
Criminal Court
Confrontation
Postconviction petition alleging ineffective assistance of counsel, in sequel to case heard on direct appeal, and on the merits, by First District Appellate Court, Illinois Supreme Court, and U.S. Supreme Court, in which Defendant was convicted of aggravated kidnapping, aggravated robbery, and aggravated criminal sexual assault. Defendant contended on appeal that report from Cellmark that forensic scientist referenced in her testimony and used in her analysis was testimonial, and thus claimed that his right to confrontation was violated. Defendant argues that 3 documents should have been presented on his behalf in appeal: Rule 11.1.2 of FBI Standard, 2008 manual from ASCLD/LAB, and transcript from a prior, unrelated proceeding of Defendant's in which a former manager of research and lab director at Cellmark testified. Speculation as to whether Justice Clarence Thomas would have changed his deciding vote if these documents had been presented, as the substance of that argument was made by appellate counsel, and amici briefs made reference to the same documents and arguments. (ROCHFORD and HOFFMAN, concurring.)