People v. Mourning 

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2016 Il App (4th) 140270
Decision Date: 
Thursday, March 31, 2016
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Remanded with directions.
Justice: 
STEIGMANN

(Court opinion corrected 4/7/16.) Defendant was convicted, after jury trial, of 2 counts of predatory criminal sexual assault of a child.Defendant then filed pro se posttrial motion claiming that his privately retained counsel had provided him ineffective assistance, and Defendant explicitly requested new counsel, and court was informed that Defendant lacked funds to hire private counsel and needs service of public defender.  Court erred in failing to conduct adequate Krankel hearing, by failing to conduct any interchange with Defendant. In every case, court must conduct some type of inquiry into underlying factual basis, if any, of a Defendant's pro se posttrial claim of ineffective assistance of counsel. Krankel hearing is required even when a defendant is represented by private counsel. (TURNER and APPLETON, concurring.)