People v. Hale

Illinois Supreme Court PLAs
Criminal Court
Ineffective Assistance of Counsel
Citation
PLA issue Date: 
May 30, 2012
Docket Number: 
No. 113140
District: 
1st Dist. Rule 23 Order
This case presents question as to whether defendant was entitled to new trial on two counts of attempted murder based on defendant's claim that he received ineffective assistance of counsel when counsel failed to inform him during unsuccessful plea negotiations that he could potentially receive consecutive sentences if case went to trial. Appellate Court, in remanding case for resumed plea negotiation and new trial if necessary, found that counsel had rendered ineffective assistance of counsel based on counsel's erroneous advice that consecutive sentences would be improper. In its petition for leave to appeal, State argued that 6th Amendment right to counsel should not extend to plea negotiations that result in plea rejection since defendant could never establish prejudice component under Strickland where defendant otherwise received fair trial.