People v. Jackson

This case presents question as to whether trial court committed reversible error by allowing prosecutor to have input during court’s preliminary examination of defendant during Krankel hearing on defendant’s claim that his trial counsel was ineffective during defendant’s murder trial. While Appellate Court agreed with defendant that prosecutor’s involvement in initial inquiry was more than de minimus, since it included some adversarial advocacy, it further found that any error was harmless, where: (1) record showed that prosecutor did not question defendant or his defense counsel, and thus likely had little or no influence in court’s ultimate decision on ineffective assistance of counsel claim; and (2) trial court made correct ruling on said claim, where defendant’s allegations pertained either to matters of trial strategy or to matters that would not have altered unfavorable DNA testimony. Ct. further rejected defendant’s claim that new counsel should have been appointed to investigate defendant’s ineffective assistance of counsel claim.