Defendant was convicted, after jury trial, of aggravated battery of a child. State alleged that Defendant had severely physically abused his 3-month-old son, which resulted in a constellation of injuries, causing him great bodily harm. A few days prior to trial, State amended charge in indictment, adding more limiting language, alleging that Defendant shook and beat child, causing skull fracture and arm fracture. Defendant's postconviction claims as to trial counsel's ineffective assistance of counsel should have been dismissed under res judicata and forfeiture. Trial counsel testified that he tried to obtain an expert but was unable to do so, and counsel conducted thorough and effective cross-examination of physicians. Defendant failed to carry his burden of proof under Strickland standards that he was denied effective assistance of counsel. (SCHWARM and MOORE, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel