NO MORE “KRANKEL” HEARINGS BEFORE TRIAL

 
 

The Illinios Supreme Court, through JUSTICE BURKE, rejects the idea, which had begun to complicate our work, that a trial court should conduct a hearing on a pro se claim of ineffective assistance of counsel prior to the conclusion of the trial.  In People v Jocko, No. 108465, 11/18/10,  a case arising out of our Maywood office, JUSTICE BURKE reasons that since Strickland requires that a defendant alleging ineffective assistance of counsel must demonstrate “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different,” a hearing prior to there being such a “result” makes no sense. 
Practice Tip: If you work in front of a judge who has been conducting these premature Krankel hearings, you may wish leave a copy of this case on his/her chair. Read the decision by clicking this link.
 
 
 

 

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