Illinois Bar Journal

Articles on Ineffective Assistance of Counsel

Failing to inform defendant of class X sentencing eligibility constitutes ineffective assistance of counsel

April
2021
Illinois Law Update
, Page 18
On Jan. 29, 2021, the Third District of the Illinois Appellate Court held that a defense counsel’s failure to inform the defendant of the defendant’s class X sentencing eligibility constitutes ineffective assistance.

Defense counsel’s mentioning of defendant’s race in closing arguments may constitute ineffective assistance

March
2021
Illinois Law Update
, Page 18
On Dec. 31, 2020, the Third District of the Illinois Appellate Court held that counsel’s mentioning of the defendant’s race in closing arguments constitutes ineffective assistance if not based on evidentiary reasons.

Successful claim of ineffective assistance of counsel results from failure to request DNA test

October
2020
Illinois Law Update
, Page 16
On July 13, 2020, the Third District of the Illinois Appellate Court found that a defendant received ineffective assistance of counsel due to failure to request a DNA test.

Ineffective counsel found when attorney failed to object to state’s introduction of defendant’s prior conviction as charge enhancer

May
2020
Illinois Law Update
, Page 16
On Feb. 14, 2020, the Third District of the Illinois Appellate Court reversed a defendant’s conviction based on his ineffective-assistance-of-counsel claim that his attorney had failed to object to the state’s introduction of the defendant’s prior conviction in its case-in-chief.

Whether to share discovery documents with client deemed a matter of trial strategy

October
2019
Illinois Law Update
, Page 14
On July 10, 2019, the Third District Appellate Court held that decisions as to which items received in discovery a defense attorney chooses to share or discuss with his or her client is a discretionary matter of trial strategy.

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