Defendant was convicted, after jury trial, of 2 counts of criminal sexual assault. Although court erred in permitting State to provide input as to merits of his motion prior to court making a cause and prejudice determination, court did not err in denying Defendant's motion for leave to file successive postconviction petition. Defendant's allegations of cause are largely conclusory and supported solely by Defendant's own affidavits, and his proposed claims do not meet prejudice standard. No ineffective assistance of counsel as to failing to request lesser included offense jury instruction, raising a consent defense, and arguing that victim did not understand the nature of the act; each claim is attributable to trial strategy. (WRIGHT, concurring; McDADE, dissenting.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions