§ 8.12 Right to Counsel

• Library: Illinois DUI and Traffic-Related Decisions (2016 Ed.)

§ 8.12 Right to Counsel

§ 8.12-1 Effectiveness of Counsel

§ 8.12-1(a) Not Shown

People v. Mejia, 247 Ill. App. 3d 55, 617 N.E.2d 799, 187 Ill. Dec. 342 (1st Dist. 1993). Following a jury trial, defendant was found guilty of reckless homicide. The appellate court reversed and remanded the cause for a new trial finding defendant's counsel was ineffective by stipulating to the testimony of three witnesses that would have contradicted the witnesses that established defendant was driving the vehicle. Additionally defendant's attorney told the jury a witness would testify that defendant was not driving the vehicle. However, counsel for defendant never called the witness.

§ 8.12-2 Ineffectiveness of Counsel

§ 8.12-2(a) Not Shown

People v. Kramer, 278 Ill. App. 3d 963, 664 N.E.2d 126, 215 Ill. Dec. 729 (1st Dist. 1996). Following a high speed chase by the police of a Blazer, the car overturned, killing one Seth Dahm and injuring defendant. The trial court found...