Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted of attempted first-degree murder. When a defendant makes a pretrial complaint about counsel's performance, court's duty before trial is limited to determining whether complaint falls within exception to prejudice requirement of Strickland v. Washington, and if not, court is not obligated to apply People v. Krankel rule, to inquire into validity of claims of ineffective assistance of counsel, before trial. A defendant making claim of ineffective assistance of counsel based on failure to file motion to dismiss under Section 109-3.1(b) of Code of Criminal Procedure must show prejudice based on outcome of trial, and not just failure to get a temporary dismissal. (McLAREN and HUDSON, concurring.)