People v. Kerwin

I dissent because I believe defendant has established that he was denied fundamental due process of law. I would reverse for two reasons: the record indicates that defense counsel’s representation of defendant did not meet an objective standard of reasonableness, resulting in prejudice to defendant; I also dissent because the record reflects that the trial judge relied on his personal beliefs, which had no basis in the evidence, in assessing the credibility of L.K., the victim of the alleged abuse in this case. For these reasons, I would reverse and remand for a new trial.

I

To prove…