People v. Lewis
Decision Date | 29 June 2017 |
Docket Number | No. 1-15-0070,1-15-0070 |
Citation | 81 N.E.3d 145,2017 IL App (1st) 150070 |
Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Barron LEWIS, Defendant-Appellant. |
Court | United States Appellate Court of Illinois |
Michael J. Pelletier, Patricia Mysza, and Bradley Jarka, of State Appellate Defender's Office, of Chicago, for appellant.
Kimberly M. Foxx, State's Attorney, of Chicago (Alan J. Spellberg, Christine Cook, and Lisanne P. Pugliese, Assistant State's Attorneys, of counsel), for the People.
¶ 1 Defendant, Barron Lewis, was found guilty of aggravated criminal sexual assault in 2010, and sentenced to 15 years imprisonment. In this appeal, defendant challenges the summary dismissal of his petition for relief under the Post-Conviction Hearing Act (Act) ( 725 ILCS 5/122-1 et seq. (West 2014)). Defendant maintains that he presented an arguable claim of ineffective assistance of counsel based on counsel's failure to investigate his negative chlamydia test results, and to present that evidence to the trial court in support of his contention that the victim's positive chlamydia test results should have been admitted.
¶ 2 The record shows that prior to trial, the trial court heard the State's motion in limine regarding various matters. Among other things, the State requested that the defendant be barred from introducing evidence that the victim, C.H., had tested positive for chlamydia. The trial court initially indicated that it would grant the State's motion, because the test result "ha [d] no relevance" and because it was "the same as trying to bring in predisposition—sexual predisposition *** which we know the law absolutely blocks[.]" Defense counsel, however, asked to be heard on that issue. Counsel acknowledged the "rape shield law" issue, but contended that the victim's test results should be admitted. Counsel stated that "if she had chlamydia and the Defendant had sex with her as she is saying, unprotected sex, the fact that the Defendant never had chlamydia, never got chlamydia, and has been in jail and was tested for it even on his entry into the jail is all *** direct medical evidence that—that they did not have sexual intercourse." Counsel further argued that
¶ 3 The State responded that the evidence "goes to the victim's past sexual history which is specifically prohibited in rape shield," and the court ruled, "Evidence of chlamydia is not going in or reference, rape shield law."
¶ 4 The remaining trial proceedings were summarized by a different panel of this court as part of defendant's direct appeal, which we will quote at length due to the nature of defendant's claims.
. C.H. testified that she repeated that they needed to leave and yelled at Lewis to leave.
The three left the apartment. Lewis got on the elevator with C.H. and Amanda. Lewis introduced himself to Amanda and shook her hand. According to C.H., Lewis told Amanda he had been trying to keep C.H. happy all night and that she needed to stop crying. When the elevator reached the first floor, C.H. ran from the building. Amanda caught up to C.H., who had fallen at the end of the block. C.H. would not let Amanda touch her. C.H. telephoned her mother, but was crying and screaming, so Amanda took the telephone. Amanda then telephoned the police, who arrived as C.H. and Amanda returned to their building.
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