Legal Opinion · Dissent

In Re A.V.

Appellate Court of Illinois

Decided November 27, 1996No. 1-95-1589Published

1Dissent

In People v. Porter, 241 Ill. App.3d 116, 608 N.E.2d 1210 (1993), defense counsel did not object to the State's motion to try a heroin charge and a petition to revoke probation at the same time. The heroin charge was tried before a jury. The violation of probation was heard by the judge. The jury said not guilty, the trial judge found a violation of probation. The court held defense counsel was ineffective, "because had he objected to the consolidation of the two proceedings, there was a reasonable probability that the result would have been different." 241 Ill. App.3d at 118. The probation…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. N.R.L.Appellate Court of Illinois · 1990
  3. People v. PorterAppellate Court of Illinois · 1993
  4. People v. MottaAppellate Court of Illinois · 1991

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