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.