People v. Bates
People v. Bates
Opinion
*662
¶ 1 In November 2011, the State charged defendant with (1) home invasion, (2) aggravated criminal sexual assault (penis to mouth), and (3) aggravated criminal sexual assault (penis to vagina). 720 ILCS 5/12-11(a)(1) (West 2010);
¶ 2 In October 2013, the State filed notice of intent to use evidence of other sex offenses. 725 ILCS 5/115-7.3(b) (West 2012). In pertinent part, the State alleged that, in October 2011, defendant, while armed with a knife, broke into C.H.'s dwelling and sexually assaulted her. In November 2013, the trial court granted the State's motion.
¶ 3 In January 2016, the State filed a motion in limine to exclude evidence of A.P.'s past sexual conduct. 725 ILCS 5/115-7(a) (West 2016). In response, defendant argued that semen found on A.P.'s vaginal swab that came from an unidentified male should not be excluded. The trial court granted the State's motion in limine .
¶ 4 In January 2016, a Sangamon County jury convicted defendant on all charges. In March 2016, defendant filed a motion for a new trial. The trial court denied the motion for a new trial and sentenced defendant to 30 years for home invasion, 40 years for aggravated criminal sexual assault (penis to vagina), and 30 years for aggravated criminal sexual assault (penis to mouth), with the sentences to run concurrently.
¶ 5 Defendant appeals, arguing (1) he received ineffective assistance of counsel, (2) he was denied his constitutional right to confront witnesses, (3) he should receive a new trial because the State mentioned other sexual assaults that occurred in the area, (4) the amount of evidence presented regarding C.H. deprived him the right to a fair trial, and (5) the trial court erred by failing to conduct a
Krankel
hearing (see
People v. Krankel
,
¶ 6 I. BACKGROUND
¶ 7 A. The Indictment
¶ 8 In November 2011, the State charged defendant with (1) home invasion, (2) aggravated criminal sexual assault (penis to mouth), and (3) aggravated criminal sexual assault (penis to vagina). 720 ILCS 5/12-11(a)(1) (West 2010);
¶ 9 B. The State's Notice of Intent
¶ 10 In October 2013, the State filed notice of intent to use evidence of other sex offenses. 725 ILCS 5/115-7.3(b) (West 2012). The State's motion stated the following:
"It is alleged in this case that on September 19, 2011, the victim, A.P., * * * awoke to find a black male holding a knife. The male threatened her with the knife and then placed his penis in her mouth. He also choked her with his hands and placed his penis in her vagina. * * * It was determined that the male had entered through a bedroom window. While [the victim] was seeking treatment at the hospital, swabs were taken from the victim and sent to the Illinois State Police Forensic Science Crime Laboratory. Testing of one of the swabs revealed the presence of semen. DNA testing was conducted on this specimen and it was determined that the *663 defendant * * * could not be excluded as a contributor of the identified male DNA[.]
The defendant is also charged in Sangamon County Circuit Court case number 11-CF-888 with Home Invasion, two counts of Aggravated Criminal Sexual Assault, and Residential Burglary.
In 11-CF-888 it is alleged that on October 6, 2011, the victim, C.H., was asleep in bed * * * and awoke to find a black male holding a knife to her throat. The male * * * put his mouth on her neck, breasts, and vagina * * * and choked her. * * * It was determined that he had entered the residence through a window. While seeking treatment at the hospital, swabs were taken from the victim and sent to the Illinois State Police Forensic Crime Science Laboratory. Testing on one of the swabs revealed the presence of DNA which was a match to the DNA of the defendant[.]
The probative value of the proposed evidence outweighs any undue prejudice * * * as demonstrated by the proximity in time between the two incidents, the degree of factual similarity between the two incidents, as well as other relevant factors and circumstances."
¶ 11 Defendant argued the two crimes were dissimilar and that introduction of evidence from this second crime would be unfairly prejudicial. In November 2013, the trial court granted the State's motion, concluding that there was a "strong similarity" between the two crimes and that the probative value outweighed any prejudicial effect. Accordingly, the court allowed the State to introduce this other-crime evidence as long as it was otherwise admissible. The court later denied defendant's motion to reconsider.
¶ 12 C. The State's Motion in Limine
¶ 13 In January 2016, the State filed a motion in limine to exclude evidence of A.P.'s past sexual conduct. 725 ILCS 5/115-7(a) (West 2016). In this motion, the State conceded that "DNA evidence was found on the victim * * * and her clothing that was traced to having originated from three separate individuals besides Defendant and A.P. Further, A.P. acknowledges having had prior sexual relations with individuals prior to the night of the alleged offense in the present case."
¶ 14 In response, defendant conceded that the two samples of DNA evidence found on A.P.'s clothing were from consensual sexual partners and that this evidence should be excluded. However, defendant argued that the third DNA sample, which was semen from an unidentified male found on A.P.'s vaginal swab, should not be excluded because "the victim says she was * * * vaginally assaulted."
¶ 15 Later that month, the trial court granted the State's motion
in limine
, concluding that the "evidence is coming in solely to show prior sexual history and that is clearly * * * prohibited by the Rape Shield Statute." See
¶ 16 Defendant would later make an oral motion to reconsider, arguing that the other DNA found on A.P.'s vaginal swab was evidence that an individual other than defendant was responsible for assaulting A.P. The trial court denied this motion.
¶ 17 D. The Jury Trial
¶ 18 In January 2016, this case proceeded to a jury trial.
¶ 19 1. The Evidence of the Attack on A.P.
¶ 20 A.P. testified that on the night of September 19, 2011, she was asleep in her apartment in Springfield, Illinois. She awoke to find a black male with his face covered approaching her. The man put his *664 hands around her neck and touched her side with a knife. The man grabbed A.P., turned her over, and put his penis into her vagina. The man eventually threw her to the ground and told her to perform oral sex upon him. The man subsequently turned A.P. over, put his penis back into her vagina, and eventually ejaculated on her back. A.P. testified that she never got a good look at the man because his face was covered.
¶ 21 When the man left, A.P. called the police. Police officers testified that they found a knife in the bedroom. A.P. was taken to a hospital, and nurse Theresa Duncan testified that she swabbed A.P.'s mouth, vagina, vaginal area, and outer anal area for bodily fluids. Duncan noted that defendant's DNA was later discovered on the anal swab. She stated that it would be normal to find sperm cells on an anal swab even if there was not anal penetration.
¶ 22 Cory Formea, a forensic scientist for the Illinois State Police Crime Lab, testified that sperm cells were found on A.P.'s anal swab. He concluded that defendant could not be excluded as the contributor of the DNA and that this DNA profile would occur in "one in [every] 840 trillion blacks[.]" Formea conceded that defendant's DNA was not found on A.P.'s oral or vaginal swab. Brian Johnston, a detective for the Springfield Police Department, testified that he investigated the attack on A.P.
¶ 23 2. The Evidence of the Attack on C.H.
¶ 24 Mike Flynn, an investigator for the Springfield Police Department, stated that he investigated the attack on C.H. He stated that C.H. was asleep in her home on October 6, 2011, and was sexually assaulted. Flynn testified that he believed that the person responsible for the attack on C.H. may have been responsible for the attack on A.P. because of the similarity between the two attacks.
¶ 25 C.H. testified that on the night of October 6, 2011, she awoke to find a black male holding a knife to her throat. The man licked her breasts and vagina and stole money from her. After he left, C.H. called the police and went to the hospital.
¶ 26 A nurse testified that she examined and swabbed C.H.'s neck, chest, breasts, and genitals at the hospital. Dana Pitchford, a forensic scientist for the Illinois State Police, noted that saliva was found on C.H.'s chest swab. She testified that the male DNA found in the saliva matched defendant's DNA. She elaborated that "this profile would be expected to occur in approximately one in 2.8 quintillion black[s]."
¶ 27 3. The Interrogation Video
¶ 28 On the first day of trial, outside the presence of the jury, defendant made an oral motion to exclude the video of his interrogation for the alleged sexual assault of C.H. Defendant argued that the video had no probative value and was prejudicial. The trial court denied the motion.
¶ 29 On the second day of trial, before the video was played to the jury, the State informed the trial court that it had modified the video to "take out certain items that were objectionable by the defense." Defendant consented to the introduction of this modified video.
¶ 30 During the modified interrogation video, Flynn and Brian Johnston accused defendant of sexual assault. They informed him that they had a solid case against him because his DNA was found on an alleged victim of sexual assault. They stated they believed he was responsible for the alleged assault on C.H. and implied that he was responsible for other sex crimes. The video also contained allegedly prejudicial information such as (1) defendant's admission *665 that he was on welfare, (2) defendant's explicit description of his sexual history, (3) defendant's admission that he had cheated on romantic partners, (4) the police accusations that defendant was guilty, and (5) the mentioning of other sexual assaults that had occurred throughout the state.
¶ 31 However, at all times on the modified interrogation video, defendant remained adamant that he did not sexually assault anyone. Instead, after describing his numerous sexual conquests, defendant argued that he would never rape anyone because he can get all the sex he ever needed. Defendant repeatedly and vigorously denied ever committing rape or sexual assault.
¶ 32 4. The Defense
¶ 33 Defendant declined to testify on his own behalf. James Ravellette, a forensic scientist, testified that defendant's DNA was not found on A.P.'s vaginal or oral swab. On cross-examination, Ravellette conceded that defendant could not be excluded as the contributor of the DNA from A.P.'s anal swab. Moreover, Ravellette conceded that the DNA profile on the anal swab would only occur in one out of every 840 trillion individuals "[i]n the African[-]American population[.]"
¶ 34 5. The Guilty Verdict
¶ 35 The jury convicted defendant of home invasion and of both counts of aggravated criminal sexual assault.
¶ 36 E. The Motion for a New Trial and Defendant's Sentence
¶ 37 In March 2016, defendant filed a motion for a new trial, arguing the trial court erred by (1) allowing in evidence of C.H.'s attack and (2) granting the State's motion to exclude any reference to the unknown semen found on A.P.'s vaginal swab.
¶ 38 In April 2016, the trial court conducted a hearing on the motion, and defendant argued that the court should grant a new trial because there was "a trial within a trial" regarding the issue of whether defendant assaulted C.H. While making this argument, defendant's attorney stated the following:
"[W]e had a trial within a trial when you allowed testimony [regarding C.H.'s case]. The thing that really bothers me * * * is that [defendant] had another attorney [in the case where the State charged defendant with assaulting C.H.]. I was not [the] attorney [in that case]. So all the testimony about [C.H.'s assault] * * * I was generally aware, of course, but I couldn't possibly do as good a job defending my client since it wasn't my case. So I think that perhaps we all should have thought of that, State's Attorney as well. But I think that is first and foremost a reason for a new trial.
I was taken by surprise at the depth of the evidence and testimony brought by the State's Attorney * * * [regarding the other] alleged victim, forensic scientists, I had no chance to review that. As you know, had I been thinking about that case, I would have asked for review by our own experts. So that alone, I think, is reason for a new trial."
¶ 39 The trial court denied the motion for a new trial and sentenced defendant to 30 years for home invasion, 40 years for aggravated criminal sexual assault (penis to vagina), and 30 years for aggravated criminal sexual assault (penis to mouth), with the sentences to run concurrently.
¶ 40 This appeal followed.
¶ 41 II. ANALYSIS
¶ 42 Defendant appeals, arguing (1) he received ineffective assistance of counsel, (2) he was denied his constitutional right to *666 confront witnesses, (3) he should receive a new trial because the State mentioned other sexual assaults that occurred in the area, (4) the amount of evidence presented regarding C.H. deprived him of the right to a fair trial, and (5) the trial court erred by failing to conduct a Krankel hearing. We address these issues in turn.
¶ 43 A. Ineffective Assistance of Counsel
¶ 44 Defendant argues that he received ineffective assistance of counsel because his attorney failed to object to the introduction of the modified interrogation video. Alternatively, defendant argues that he received ineffective assistance of counsel because his attorney failed to file a motion to suppress the interrogation video prior to the start of trial. We disagree.
¶ 45 1. The Applicable Law
¶ 46 To establish ineffective assistance of counsel, a defendant must show that counsel's performance was (1) deficient and (2) prejudicial.
People v. Thomas
,
¶ 47 To establish deficient performance, a defendant must show that his attorney's performance fell below an objective standard of reasonableness.
¶ 48 To establish prejudice, the defendant must show that, but for counsel's errors, there is a reasonable probability that the result of the proceeding would have been different.
People v. Houston
,
¶ 49 2. This Case
¶ 50 First, defendant fails to demonstrate that his attorney's performance was deficient.
Manning
,
¶ 51 Further, as opposed to in-court testimony, such denials were not subject to the State's cross-examination or impeachment at trial. Defense counsel's strategic use of the modified video is shown by his closing argument, which reads as follows:
"The video that we saw of [defendant] was obviously brought to make him look bad, discredit him. But the thing that I noticed about that two-hour tape was that he was very consistent. He didn't know he was going to be arrested. He was very consistent. He maintained that he didn't know anything about this event that the police officers were inquiring about. And they used all the techniques that police officers can and often do. And after over two hours, I didn't see that he made any admission or any suggestion that he was involved in this event. So I think it should be clear to you that even though [defendant] did not testify, clearly * * * you can see that at an early time in the investigation that he knew nothing of this incident with either lady."
¶ 52 As to why counsel initially objected at trial but failed to file a pretrial motion to suppress, we first note that trial strategy includes decisions such as when to object.
Ramsey
,
¶ 53 Second, defendant fails to establish prejudice. Defendant's link to the sexual assault on C.H., which was admissible to show defendant's propensity to commit similar crimes, was indisputable. Moreover, the DNA evidence linking defendant to A.P.'s assault was overwhelming. However, by the State's introduction of the interrogation video, the jury was able to hear defendant's repeated and emphatic claims of innocence. Furthermore, such statements were not subject to the State's cross-examination or impeachment. Thus, the video could be viewed as an asset to defendant's case. Accordingly, we conclude that, even if we assume that trial counsel could have excluded the entire video or specific portions of it, there is not a reasonable probability that the result of the trial would have been different.
Houston
,
¶ 54 B. The Rape Shield Statute
¶ 55 Defendant argues that he had a constitutional right to confront A.P. and the State's expert witness about the unidentified
*668
semen found on A.P.'s vaginal swab because "there is a possibility that the person whose DNA was found on A.P.'s vaginal swab was also the source of the DNA on the anal swab and was the attacker." We disagree, concluding that this evidence would not have made a meaningful contribution to the fact-finding enterprise.
People v. Maxwell
,
¶ 56 1. The Applicable Law
¶ 57 The purpose of the rape shield statute is "to prevent the defendant from harassing and humiliating the complaining witness with evidence of * * * specific acts of sexual conduct with persons other than defendant, since such evidence has no bearing on whether she consented to sexual relations with the defendant."
People v. Summers
,
"In prosecutions for * * * aggravated criminal sexual assault * * * the prior sexual activity or the reputation of the alleged victim * * * is inadmissible except (1) as evidence concerning the past sexual conduct of the alleged victim * * * with the accused when this evidence is offered by the accused upon the issue of whether the alleged victim * * * consented to the sexual conduct with respect to which the offense is alleged; or (2) when constitutionally required * * *." 725 ILCS 5/1157(a) (West 2016).
¶ 58 The due-process clause of the fourteenth amendment and the confrontation clause of the sixth amendment guarantee a criminal defendant the right to a meaningful opportunity to present a complete defense. U.S. Const., amend. VI, XIV ;
People v. Santos
,
¶ 59 The "constitutionally required" exception to the rape shield statute should be construed narrowly but also fairly. (Internal quotation marks omitted.)
People v. Munoz-Salgado
,
¶ 60 The trial court's evidentiary rulings made under the rape shield statute are reviewed for an abuse of discretion.
People v. Sandifer
,
¶ 61 2. This Case
¶ 62 In this case, A.P. identified her attacker as a black male. Unidentified semen was found on A.P.'s vaginal swab, and defendant could not be excluded as the potential source of the DNA found on A.P.'s anal swab. Defendant's own expert witness conceded that the DNA profile found on A.P.'s anal swab would only occur in one out of every 840 trillion individuals "[i]n the African[-]American population[.]" Defendant argues that he had a constitutional right to confront A.P. and the State's expert witness about the unidentified semen found on A.P.'s vaginal swab because "there is a possibility that the person whose DNA was found on A.P.'s vaginal swab was also the source of the DNA on the anal swab and was the attacker."
¶ 63 We conclude that-under the facts of this case-the unidentified semen found on A.P.'s vaginal swab was not constitutionally required to be admitted. 725 ILCS 5/115-7(a) (West 2016). Due to the statistical improbabilities that an unidentified person other than defendant contributed both the semen on A.P.'s vaginal swab and anal swab, this evidence would not make a meaningful contribution to the fact-finding enterprise.
Maxwell
,
¶ 64 Instead, at best, the unidentified semen would be marginally relevant.
Johnson
,
¶ 65 Likewise, the trial court's action did not deprive defendant of his right to confront witnesses or to present the theory of his case. Defendant confronted the State's expert witness on cross-examination by demonstrating that his DNA was not found on A.P.'s vaginal swab and that he was not a direct match on A.P.'s anal swab. Further, this is not a case where a defendant contends that he had consensual sex with a victim but argues that another unknown individual subsequently raped the victim. Instead, defendant's theory was that he had never had sex with A.P. If the jury would have believed this argument, defendant would not have been found guilty of criminal sexual assault. Accordingly, under the facts of this case, the trial court did not abuse its discretion in denying the introduction of this evidence.
Chambers
,
¶ 66 C. Related Sexual Assaults
¶ 67 The State played an interrogation video of defendant in which the investigators insinuated that defendant may have been responsible for other crimes in the area. Likewise, various State witnesses discussed-in passing-that other sexual assaults had occurred in the area. Defendant argues that he should receive a new trial because the State "repeatedly presented irrelevant and unduly prejudicial evidence that there were other 'related' sexual assaults that occurred around the time of the charged offense, suggesting to the jury that [defendant] was responsible for numerous assaults." Defendant concedes that he forfeited this issue but argues he prevails under the plain-error doctrine. We disagree.
*670 ¶ 68 1. The Applicable Law
¶ 69 To preserve an alleged error for appeal, a defendant must object at trial and file a written posttrial motion.
People v. Colyar
,
¶ 70 The plain-error doctrine bypasses normal forfeiture principles and allows a reviewing court to consider an unpreserved error when (1) the evidence is close, regardless of the seriousness of the error, or (2) the error is serious, regardless of the closeness of the evidence.
People v. Ely
,
¶ 71 The usual first step under either prong of the plain-error doctrine is to determine whether there was a clear or obvious error at all.
People v. Matthews
,
¶ 72 When a defendant claims second-prong error, he must prove that a structural error occurred.
People v. Thompson
,
¶ 73 The defendant bears the burden of persuasion at all times under the plain-error doctrine.
People v. Suggs
,
¶ 74 However, the plain-error doctrine only applies in cases involving procedural default.
People v. McGuire
,
¶ 75 2. This Case
¶ 76 First, the mentioning of other sexual assaults in addition to A.P. and C.H. occurred almost exclusively during the interrogation video. However, as we discussed earlier, defense counsel affirmatively acquiesced to the introduction of this video. Accordingly, defendant has waived these errors for appeal and cannot claim this error under the plain-error doctrine.
*671
¶ 77 Second, the evidence was not closely balanced. The similarities between C.H.'s case and A.P.'s case were stark and overwhelming. Further, as mentioned, the DNA evidence against defendant was substantial. Last, the vague statements that other crimes occurred in the area did not come close to amounting to structural error. Accordingly, this argument is without merit, and we honor the procedural default.
Ahlers
,
¶ 78 D. The Evidence of C.H.'s Assault
¶ 79 Defendant argues that he was deprived of his right to a fair trial because the evidence of the alleged assault against C.H. "was presented with unnecessary detail, [the] probative value of the evidence was substantially outweighed by undue prejudice, and * * * the other-crimes evidence constituted an improper mini-trial." We disagree.
¶ 80 1. The Applicable Law
¶ 81 Illinois Rule of Evidence 404(b) provides that:
"Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith except as provided by sections 115-7.3, 115-7.4, and 115-20 of the Code of Criminal Procedure ( 725 ILCS 5/115-7.3, 725 ILCS 5/115-7.4, and 725 ILCS 5/115-20 ). Such evidence may also be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident." Ill. R. Evid. 404(b) (eff. Jan. 1, 2011).
¶ 82 Section 115-7.3 of the Code of Criminal Procedure, in pertinent part, provides as follows:
"(a) This Section applies to criminal cases in which:
(1) the defendant is accused of * * * aggravated criminal sexual assault * * *[.]
* * *
(b) If the defendant is accused of an offense set forth in paragraph (1) or (2) of subsection (a) * * * evidence of the defendant's commission of another offense or offenses set forth in paragraph (1), (2), or (3) of subsection (a) * * * may be admissible (if that evidence is otherwise admissible under the rules of evidence) and may be considered for its bearing on any matter to which it is relevant.
(c) In weighing the probative value of the evidence against undue prejudice to the defendant, the court may consider:
(1) the proximity in time to the charged or predicate offense;
(2) the degree of factual similarity to the charged or predicate offense; or
(3) other relevant facts and circumstances." 725 ILCS 5/1157.3(a)-(c) (West 2016).
¶ 83 The exception created by section 115-7.3 incorporates the rules of evidence.
¶ 84 A trial court's balancing determination pursuant to Rule 403 is subject to an abuse of discretion standard.
Hoffman v. Northeast Illinois Regional Commuter R.R. Corp.
,
¶ 85 In
People v. Walston
,
¶ 86 2. This Case
¶ 87 First, we reject defendant's argument that the State presented evidence from C.H.'s case "with unnecessary detail." As stated in
Walston
, the State had "a compelling reason to introduce thorough evidence to establish a defendant's propensity."
Id.
at 613,
¶ 88 Second, the trial court's balancing determination pursuant to Rule 403 was not an abuse of discretion.
Hoffman
,
¶ 89 Last, we reject defendant's argument that an improper mini-trial occurred. As stated in
Walston
, the "danger of unfair prejudice [from a mini-trial] in the context of a section 115-7.3 case, as opposed to a common-law other-crimes
*673
case, is greatly diminished."
Walston
,
¶ 90 E. Krankel Hearing
¶ 91 In this case, defense counsel filed a motion for a new trial and argued that the trial court erred by (1) allowing in evidence of C.H.'s attack and (2) granting the State's motion to exclude any reference to the unknown semen found on A.P.'s vaginal swab. When the matter proceeded to a hearing, defense counsel argued that the court should grant a new trial because there was "a trial within a trial" regarding the issue of whether defendant assaulted C.H. When making this argument, defendant's attorney stated as follows:
"[W]e had a trial within a trial when you allowed testimony [regarding C.H.'s case]. The thing that really bothers me * * * is that [defendant] had another attorney [in the case where the State charged defendant with assaulting C.H.]. I was not [the] attorney [in that case]. So all the testimony about [C.H.'s assault] * * * I was generally aware, of course, but I couldn't possibly do as good a job defending my client since it wasn't my case. * * *.
I was taken by surprise at the depth of the evidence and testimony brought by the State's Attorney, * * * [regarding the] alleged victim, forensic scientists, I had no chance to review that. As you know, had I been thinking about that case, I would have asked for review by our own experts. So that alone, I think, is reason for a new trial."
¶ 92 Based upon this, defendant argues that the trial court erred by failing to conduct a Krankel hearing. We disagree.
¶ 93 1. The Applicable Law
¶ 94 When a defendant who has been convicted brings a clear claim asserting ineffective assistance of counsel, either orally or in writing, the trial court's duty to conduct a
Krankel
inquiry is triggered.
People v. Ayres
,
¶ 95 A
Krankel
hearing contains two steps.
Id.
¶ 46. First, the trial court makes a preliminary inquiry to examine the factual basis of the claim.
Id.
If the trial court determines that the claim lacks merit or pertains only to matters of trial strategy, the trial court is not required to appoint new counsel.
People v. Jolly
,
¶ 96 In
People v. Willis
,
¶ 97 On appeal, the defendant argued that the trial court erred by failing to conduct a Krankel inquiry. Id. ¶ 60. The First District agreed, concluding that "the trial court has a duty to conduct an adequate inquiry when allegations of ineffective assistance arise. [Citation.] The trial court [cannot] simply ignore or fail to address a claim of ineffective assistance of counsel without consideration of the claim's merits." Id. ¶ 72. Accordingly, the court remanded the case for a proper Krankel inquiry. Id. ¶ 74. In reaching this conclusion, the court took notice of the defendant's young age, reasoning as follows:
"Given that [the defendant] was a minor at the time of his trial, we cannot reasonably expect him to raise the issue of his trial counsel's ineffective assistance on his own. A juvenile would be expected to be more at the mercy of counsel than an adult, and less likely to be cognizant and aware of his legal rights." Id. ¶ 70.
¶ 98 In
McGath
,
¶ 99 2. This Case
¶ 100 Defendant argues that Willis is applicable to his case. We reject this argument because (1) we disagree with the holding in Willis and, in the alternative, (2) Willis is distinguishable from the facts in this case.
¶ 101 We do not agree with the holding in
Willis
because, as the Illinois Supreme Court has repeatedly held, a
Krankel
hearing is required when the
defendant
who has been convicted brings a claim
pro se
, asserting ineffective assistance of counsel.
Ayres
,
¶ 102 The Illinois Supreme Court has never held that a
Krankel
hearing may be triggered by a defense counsel's representations in the absence of the defendant's
pro se
motion raising a claim of ineffective assistance of counsel, and we view that holding from
Willis
as inconsistent with Illinois Supreme Court doctrine. See
Pecoraro
,
¶ 103 Second, even if we were to agree with the rationale of
Willis
, we conclude that it is distinguishable. In this case, unlike in
Willis
, counsel's motion for a new trial did not allege that ineffective assistance of counsel was an independent reason for a new trial. See
Willis
,
¶ 104 Further, in
Willis
, the defendant was 16 years old. In this case, by contrast, defendant is an adult with previous interactions with the criminal justice system. We conclude that, as compared to a minor, we can reasonably expect that an adult can raise any issue of his trial counsel's ineffective assistance on his own. Compare
Pecoraro
,
¶ 105 III. CONCLUSION
¶ 106 For the reasons stated, we affirm the trial court's judgment.
¶ 107 Affirmed.
Justices DeArmond and Turner concurred in the judgment and opinion.
Reference
- Full Case Name
- The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Quentin BATES, Defendant-Appellant.
- Cited By
- 28 cases
- Status
- Unpublished