State v. Brooks
Annotate this CaseAfter a jury trial, Defendant was convicted of rape and aggravated criminal sodomy. During the trial, the victim testified that Defendant had a scar on his penis. Defendant appealed, claiming that his counsel provided ineffective assistance by failing to seek a continuance to obtain evidence to rebut the existence of the scar. The court of appeals affirmed, concluding that Defendant's counsel's assistance was deficient but that Defendant was not prejudiced by the deficient performance. The Supreme Court reversed, holding that trial counsel's unconstitutionally ineffective assistance denied Defendant the opportunity to impeach the victim's credibility by rebutting her testimony about his alleged penile scar, and that the deficient performance prejudiced the defense, denied Defendant a fair trial, and created a reasonable probability that the trial would have been different but for counsel's unprofessional errors. Remanded for a new trial.
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