People v. Mitchell

I respectfully dissent from parts n through v of the majority opinion. Counsel’s disciplinary suspension precluded him from preparing defendant Mitchell’s defense during the critical period leading to his first-degree murder trial. Mr. Mitchell’s repeated attempts to obtain substitute counsel went unheeded and his trial began, as scheduled, on the morning that his attorney’s suspension expired. Consequently, defendant was denied the assistance of counsel during the critical period leading to trial.

I would hold that the specific facts of this case justify a presumption of ineffectiveness…