People v. Ramirez 

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
Nos. 2-05-0583 & 2-06-0247
Decision Date: 
Thursday, June 10, 2010
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed and remanded (No. 2-05-0583); affirmed (No. 2-06-0247).
Justice: 
BURKE
Trial counsel's performance fell below objective standard of reasonableness in giving erroneous legal advice that his statements to police were legal and that there was no meritorious basis to pursue motions to suppress statements. Defendant had, as confirmed by affidavit of his previous counsel, invoked his right to counsel, and police violated his sixth amendment right to counsel by questioning him thereafter without attorney present, including by having his mother, who was acting as agent of police, obtain a surreptitiously recorded incriminating statement. Defendant was prejudiced by ineffective assistance of counsel as little other evidence supported State's case.