People v. Jolly

(Modified upon denial of rehearing 12/10/13.) Defendant alleged ineffective assistance of counsel, and court conducted preliminary investigatory hearing, which is meant to be neither adversarial nor evidentiary. Court erred in allowing State to question defense counsel under oath during investigatory hearing though barring Defendant from asking defense counsel questions, as hearing then turned adversarial. Court erred in relying on its knowledge of defense counsel's performance in other cases. Court's errors were harmless beyond a reasonable doubt, as court thoroughly examined factual matters fairly and impartially, and Defendant failed to present colorable claim of possible neglect. (STEIGMANN and HOLDER WHITE, concurring.)