Illinois Supreme Court
Criminal Court
Ineffective Assistance of Counsel
(Modified upon denial of rehearing 1/29/15.) Circuit court erroneously permitted State's adversarial participation at preliminary inquiry at Krankel hearing as to alleged ineffective assistance of counsel. A preliminary Krankel inquiry should be neutral and nonadversarial, and State's participation should be de minimus, if any, because a defendant is not appointed new counsel at that inquiry, but is pro se. (GARMAN, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)