People v. Roddis

This case presents question as to whether trial court properly considered merits during initial Krankel hearing of pro se defendant’s post-trial motion that his trial counsel was ineffective when representing defendant on domestic battery charge, where trial court merely questioned defendant and his trial counsel about defendant’s allegations and then determined that said allegations did not amount to ineffective assistance of counsel. Appellate Court, in remanding matter for full Krankel hearing with appointed counsel, found that trial court could not consider merits of defendant’s allegations of ineffective assistance of counsel at initial Krankel hearing without having appointed new counsel for defendant. In its petition for leave to appeal, State argued that Appellate Court’s holding conflicts with other case law that requires trial court to initially examine factual basis of defendant’s allegations of ineffective assistance of counsel and allows trial court to merely deny defendant’s motion without need to appoint new counsel if it determined that defendant's motion lacked factual basis.