Defendant was convicted, after bench trial, of aggravated criminal sexual assault, criminal sexual assault, and aggravated domestic battery of his wife for forcing his hand into her vagina without her consent, causing bleeding and injury. Court properly dismissed post-conviction petition, at 3rd stage, which alleged ineffective assistance of counsel for failure to present expert testimony as to blackout intoxication. During trial, Defendant argued that victim had consented to the sexual conduct. Defendant failed to show that he was prejudiced by lack of such expert evidence. Court's statement that it is common for judges to hear testimony from witnesses who had consumed alcohol in excess, or observed persons who had, was not error and did not prejudice Defendant nor deny him due process. (LYTTON and McDADE, concurring.)
Illinois Appellate Court
Criminal Court