People v. Downs

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2016 IL App (2d) 121156-B
Decision Date: 
Thursday, June 30, 2016
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded with directions.
Justice: 
BIRKETT

Defendant appeals conduct of 2nd Krankel hearing, and argues that Krankel counsel was ineffective because he abdicated his role to represent Defendant when he abandoned Defendant's specific claims of ineffective assistance of trial counsel.  Krankel counsel was obligated to present any nonfrivolous claims of ineffective assistance of trial counsel that his investigation revealed. Krankel counsel's decision not to adopt allegation about witness' purported statement was deficient representation; trial counsel did not adequately investigate witness and his statement.(HUTCHINSON and SPENCE, concurring.)