Was prosecutorial misconduct during the State's opening argument with the use of a witness testimony about the apartment being vacant and abandoned, when Petitioner showed evidence in a post-conviction petition that it was not vacant or abandoned and someone had resided in the same apartment at the time of the incident

QUESTION(S) PRESENTED Was if prossoutorial mis conduet during Lhe Steles Op-shing At gumen! with Lhe Use of & witness fe stimony about the apace tment heNg Vadant and abandoned, lohen Plilionee Showed evidence in O&O post Conviedion petition thf if tsacs nol Vacant or Obandoned and someone had resided in fhe Same apord nan! al Lhe $e of the. incidand and his frie Page isle Is if inel Leetiveness of trial counse! for & foi lure to ob ced during he Slee Op-ening argument Gnd statement with the witness Lest imony aboud the apertmad being Vacant and abanclous and Was if also G foiluce ty investigute. Fags. Kett Was if ineflectiveness of foil counsel fr o forlure { Objeel token Lhe dria court decided nof fo explain the reason for the Sen hence id Was [Mmposing according fy code of Corrections 730 ILCS $/5-4.80 (¢) Laws. Foge Te Was if inet Leediveness of drial counsel for a foilore to invest otte Ply toner background and present a adequate presentence report af Santence Le be Considered of his intellectycl daliciable by { he. G2 QUESTION(S) PRESENTED Had the nial Court abused its discretion When if &30s presented with evidence of Palitioner inte llectual disability during an Oelober 24 2006, procseding with Lhe Filing of & pos! éonvietion pelition Lhod loent | gnored and not Considered Gnd Was Pelioner Sentence uneonstiludian al under. the propordionote penalties clause. ( Illinois Const tedon 1970 ort Iso Pros 22, 24 and 25.26 27 25 29 ancf 20 Should Pebitione rs Convie tion for Unlawdul restraint be Vateted because if is 0 lesser inéluded offense. of both aggravated Kidnaping | dnd aggravated Grimin al Sexuel assault . Page 30-33 | | | | | @e