People v. Horman

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2018 IL App (3d) 160423
Decision Date: 
Sunday, December 23, 2018
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Affirmed and remanded.
Justice: 
LYTTON

Defendant was convicted, after jury trial, of 1st degree murder and concealment of a homicidal death. Defendant appealed, arguing that defense counsel was ineffective for failing to file a motion for reconsideration of pretrial order granting State a continuance and motion to dismiss on speedy trial grounds. Court failed to make any type of preliminary inquiry to determine whether Defendant raised a "colorable claim" of ineffective assistance of counsel. Remanded with instructions to conduct a preliminary Krankel inquiry. (SCHMIDT and WRIGHT, concurring.)