Whether the defendant's 6th Amendment right to effective assistance of counsel was violated when his trial counsel failed to present evidence of the element of sexual penetration required for the criminal sexual assault charge, resulting in a conviction that violated the defendant's 5th Amendment due process rights

QUESTIONS PRESENTED FOR | REVIEW, -200 02 jer constitutional Amendment Right Mio lation , Que process of the Law. “ “Nath Constitutional Amendment in the State..of _, hiinote . Bo , , isth constitutional Amendment Aight... -. Notation, trial Counse ls TnefFective actions. sot trial. ee loth constitutional Rmend ment Aight inthe stote of Llinois , | OPINION BELOW. Befendant . ipefamed/ivas Charged with Chapter 345 [la-idta, he Defendant Was Charged wth Placing his. . Finger ‘in Jenny Lees Vagina on fed/february 4, ; haga. (s.R. a6) The defendant was found guilty sand sem Neon et Vou ee Rate OS | JUALSDICTION The petition was dismissed on Novembert, aor summary order .The Appellate Court First Judicial Districton Noyomber \3 ,aal4, hereby orderedthe Nppellate Courtfirst . Sudicial District court Order withdraw,on — Panvary 12,2020, Mppellate Court first Judicial District denied petition . on february Done petitioner filedapetition for -jeave to Appeal in Supreme court of | LUlinots ; petition was timely filed .on March fs nose dented petition for Leave to Appeal. petitioner's request for review | by the Lilinois supreme Court on March i 2020 denial give this Court Jurisdiction is invoked under agu.s-c-section as (3). CONST IY UTIONAL @PROVISION | INVOLVED eth Constitutional Amehdinenk Aighh, Due process of bbe Law . th Constitutional Amendment Right inthe state, of Vile ste. kes const thttonal Amendtnert Right Defendont was tprovided ineffective Assistance of trial counse.|s. bin Constitutional Amendment Right, in the skate of \\inots . _ | | STRVENENT OF CASE. | he defendont is serving a life sentence for sree Criminal sexual assault . Defendant's icounse.| had not complied with Rule esics certif /ot he time the petition was dismissed . counsel ittemptes +o raise an Apprendi issue ofttera notice of Appeal was Filed. counse! has since —— fexecuteda Rule 65t(cy Certificate indicating that Phe did not amend the pro se post Conviction petition required by Aule ester. there isan lisse Co ncerning the pleadings. | REASON FOR GRANT ING | petitioner respecifully request the honorable Clerk And Justice's of the United states supreme ewes review this case of Actual innocent and constitutip nal Aight violation of the United | tates.And the state of Li\inois , when the . Letendent was charged withchapt er 38 5]a-\ain see Exebtt/ ‘exhib tt-C" And the Judge B\lowed the Jury to relie on evidence “outside of the language of the Criminalstatute char s/ia-i4\a. | Krte,ag gravated criminal sexual assault as the commtssi on leommission of Criminal semal assault The Criminal Pistute for Criminal sequol assau\k chags/i9-13 a0 Cte, crimnal sexuslasgault oceurs when the defendtnt commits an act of Sexual penedtrat ion see! exhibit aon ~a0'\The Judge there were other circomstanc: . Because +he dasistant tet esattorney fail to presente ket defendants the jury any evidence of sexual lpenetration® violation of Ane United Stertes const tut ion , I oth Const ttutional Amendineter Right Due process cd the Law The Assistant states Attorney relied on levidence. of assault Battery rdoat"add Up+orhe mit/mertt lof sexual penttrarion’, oF F4 cer >police Officer la owman testified at triallagainst his own police report, Ihe Stoted ,1officer bowman asked Ms, Jeany Lee BA oom | = SO dt fe gpre np ore gh gt" ou? No Did he rape you? No. gint no Wards added nor taken aWay yin this report . And signed by of Ficer OW Man, once Confronted in Cross examination with his own police report officer Bowman had nothing , | urther to say” The Assistant stete attorney actions | jWos"agains+' the language of the criminal statutes ichapter 38 5/\a-1a aa,And chapter 38 5/1ar ih la”. . betitioner raise the issue the Assistant state. iattorney fail to present" any “evidence at defendants. trial of sexual penetration’ The State Foil +o prove the element of penetration'at call’, Bet alone beyond a reasonable doubt ‘plain error malicious prosecution. hae fective Assistance. of Counsel.