Defendant was found guilty of five counts of predatory criminal sexual assault and sentenced to 30 years in prison. Defendant filed a post-conviction petition alleging several claims of ineffective assistance of trial counsel and that he was denied a fair trial because the jury considered improper, non-evidentiary information during deliberations. The trial court dismissed the petition at the first stage and defendant appealed, arguing that the trial court should have advanced the evidentiary claims to a second-stage hearing. The appellate court affirmed, finding that the evidence supported a finding that the jurors considered their own experiences and observations, as they were instructed, and that defendant had failed to state a gist of a claim that his right to a fair trial was violated. (MITCHELL and NAVARRO, concurring)
Illinois Appellate Court
Criminal Court
Jury Deliberations