Illinois Supreme Court PLAs
Criminal Court
Ineffective Assistance of Counsel
This case presents question as to whether defendant's trial counsel was ineffective for failing to object to process that allowed exercise of preemptory challenges without defendant being present. Appellate Court, in noting that right to presence at trial is not freestanding constitutional right, but rather is "lesser right" that serves as means by which to secure other rights, found that defendant failed to show any prejudice arising out of instant process. In this regard, Appellate Court found that it was irrelevant if stricken jurors would have been impartial, if, as here, defendant failed to show that chosen jurors were not impartial.