People v. Roberson

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2021 IL App (3d) 190212
Decision Date: 
Thursday, August 5, 2021
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Remanded.
Justice: 
O'BRIEN

Defendant was convicted of home invasion, residential burglary, aggravated resisting of a police officer, and unlawful possession of a controlled substance. Court failed to conduct an adequate preliminary inquiry into Defendant's posttrial claims of ineffective assistance of counsel. Remanded to allow court to make that inquiry. As the appointment of new counsel did not result in any further litigation of Defendant's ineffectiveness claims, and thus the appointment did not satisfy the requirements of Krankel.  Court's comments at hearing did not rise to level of an adequate preliminary Krankel inquiry. Defendant raised at least 6 additional claims of ineffectivenss in a motion filed 2 months later, but court made no inquiry into these claims. Even where court has already conducted an inquiry into claims of ineffectiveness, it must conduct a preliminary Krankel inquiry into further claims raised later.  (McDADE and DAUGHERITY, concurring.)