People v. Jenkins

Defendant appealed from a trial court order granting the State’s motion to reconsider an earlier ruling, filed by a different judge, that granted defendant a new trial following a full evidentiary hearing on defendant’s post-trial claim of ineffective assistance of counsel. The appellate court reversed and remanded for a new trial, finding that the judge who granted the motion to reconsider incorrectly concluded that the original judge lacked the authority, following an evidentiary hearing, to consider the issue of alleged perjured testimony. (CATES and VAUGHAN, concurring)