State v. Brooks

The opinion of the court was delivered by

Johnson, J.:

Christopher Brooks was convicted of rape and aggravated criminal sodomy as the result of a juiy trial in which the victim testified that Brooks had a scar on his penis. Brooks sought *946a new trial, based on the ineffective assistance of his trial counsel in failing to seek a continuance to obtain evidence to rebut the existence of such a scar. Brooks requested our review of that portion of the Court of Appeals opinion finding that the deficient performance of Brook’s trial counsel was not reversibly prejudicial under the second prong of the…