People v. Lewis
2025 IL App (1st) 231045-U
Ill. App. Ct.2025Background
- Derick Lewis was convicted of robbery and three counts of aggravated criminal sexual assault, receiving a 46-year prison sentence.
- The convictions stemmed from an incident where the victim, T.W., alleged she was assaulted and robbed after accepting a ride from Lewis, culminating at an apartment with codefendants present.
- On direct appeal, Lewis' conviction was affirmed, and his claim focused on the trial court's response to a jury question.
- Lewis then filed a postconviction petition alleging ineffective assistance of counsel, specifically that his trial counsel failed to call codefendant Keshia Burgman as a witness.
- The petition survived to a third-stage evidentiary hearing where Burgman testified, but the trial court found her not credible and denied relief.
- Lewis appealed this denial, arguing that not calling Burgman as a witness was manifestly erroneous and constituted ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not calling codefendant | Counsel was ineffective for failing to call Burgman, who could corroborate Lewis’ version of events and rebut State's witnesses | Evidence did not support ineffectiveness claim; Burgman not credible; strategy not unreasonable | No manifest error; trial counsel's choice was valid trial strategy |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (test for ineffective assistance: deficiency & prejudice)
- People v. Coleman, 183 Ill. 2d 366 (postconviction relief scope and burden)
- People v. Haynes, 192 Ill. 2d 437 (presumption of sound trial strategy)
- People v. Towns, 182 Ill. 2d 491 (strategic decisions after investigation virtually unchallengeable)
- People v. English, 2013 IL 112890 (manifest error standard on review of fact findings)