People v. Buchanan

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2013 IL App (2d) 120447
Decision Date: 
Thursday, April 25, 2013
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
JORGENSEN
Court was well awared of the need to inquire into Defendant's claims of ineffective assistance of counsel, and conducted inquiry as to Defendant's request to have conflict counsel appointed. Court erred in not conducting a full hearing on the merits of Defendant's pro se motion. Court should have clearly informed Defendant that he was not entitled to conflict counsel, upon concluding that his pro se claims of ineffectiveness were without merit, and should have then allowed counsel to argue any remaining issues. Defendant was denied his right to counsel when, after concluding Krankel inquiry, court did not allow counsel to argue merits of motion. (HUTCHINSON and SPENCE, concurring.)