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Immigration Admonishments Can Still Get You In Trouble

April 10, 2018 By caselawcourse

People v. Hoare, 2018 IL App (2d) 160727 (January). Episode 474 (Duration 12:36) Improper immigration advice is back on the table in a messy way after Lee v. U.S.

Filed Under: Post Sentence Tagged With: Immigration, Ineffective Assistance

When You’re Screwed You’re Screwed So Counsel Has To Get It Right

January 3, 2018 By caselawcourse

People v. Brown, 2017 IL 121681 (November). Episode 436 (Duration 5:41) Defendant plead guilty because he was told his sentence was a 50% case when in fact it was an 85% case.

Filed Under: Post Sentence Tagged With: Guilty Plea, Ineffective Assistance, Post

Attorney Argues For Her Own Ineffectiveness Ineffectively

August 28, 2017 By caselawcourse

People v. Brown, 2017 IL App (3d) 140921 (June). Episode 383 (Duration 6:25) This attorney inadequately argued her own ineffectiveness.

Filed Under: Procedure, Uncategorized Tagged With: Conflict of Interest, Ineffective Assistance, Krankel Hearing, Right to Counsel

Exactly What Does Defendant Have To Say To Trigger A Krankel Inquiry?

March 13, 2017 By caselawcourse

People v. Ayres, 2017 IL 120162 (February). Episode 307 (Duration 5:41) What does defendant have to say to trigger a Krankel inquiry?

Filed Under: Procedure Tagged With: Ineffective Assistance, Krankel Hearing, Right to Counsel

Judge Denies Motion To Continue To Pursue Lynch Material (Case Study in Litigation Decisions)

July 20, 2016 By caselawcourse

People v. Gibbs, 2016 IL App (1st) 140785 (June). Episode 202 (Duration 7:56) Was it error for the judge to deny defendant’s motion to continue the trial so he could build up his Lynch material?

Filed Under: Trial Tagged With: Continuance, Ineffective Assistance, Lynch Material, Speedy Trial

Court’s Requirement to Admonish on Immigration Consequences is Directory

November 30, 2015 By caselawcourse

People v. Guzman, 2015 IL 118749 (November 2015). Episode 110 (Duration: 5:58) Failure of court to admonish defendant of immigration consequences does not necessarily lead to reversal.

Filed Under: Procedure Tagged With: Immigration, Ineffective Assistance

Court’s Admonishments Cure Trial Counsel’s Failure to Tell Client About Immigration Consequences

November 30, 2015 By caselawcourse

People v. Unzueta, 2015 IL App (1st) 131306 (November 2015). Episode 111 (Duration: 6:43) Possible immigration information from trial attorney brought up in the postconviction petition.

Filed Under: Post Sentence Tagged With: Immigration, Ineffective Assistance

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