vigorous defense in Illinois

2011But because there was no indication that defendants engaged in any intentional or deliberate dilatory conduct or frivolous legal tactics, the delay in this case due to defendants mounting a vigorous defense could not be a basis to deny them just compensation, especially where such "a `sanction' * * * in this case, might be equal to more than half of the current value of their property." 401 Ill.App.3d at 998 , 341 Ill.Dec. 267 , 930 N.E.2d 477 . ¶ 22 Both the District and the Attorney General filed petitions for leave to appeal to this court, raising several issues.

2011But because there was no indication that defendants engaged in any intentional or deliberate dilatory conduct or frivolous legal tactics, the delay in this case due to defendants mounting a vigorous defense could not be a basis to deny them just compensation, especially where such "a `sanction' * * * in this case, might be equal to more than half of the current value of their property." 401 Ill.App.3d at 998 , 341 Ill.Dec. 267 , 930 N.E.2d 477 . ¶ 22 Both the District and the Attorney General filed petitions for leave to appeal to this court, raising several issues.

2009The interests of the schools and the driver were “diametrically opposed, creating an ethical conflict for Travelers, which was charged with providing a full and vigorous defense to each.” Murphy, 88 Ill. 2d at 453 .

2005How could it do so for one without harming the other?” Murphy, 88 Ill. 2d at 453 .

1991We recognize that appellate representation, like that in Black , does not implicate to the same extent the risk attendant on trial representation that confidential communications will be abused or that divided loyalty will interfere with an attorney's ability to develop a favorable trial record. ( People v. Rogers (1981), 101 Ill.App.3d 614, 617 , 56 Ill.Dec. 955 , 428 N.E.2d 547 .) Accordingly, we also acknowledge that appellate representation cases call for a less vigorous standard than that which is applicable when a trial representation situation is involved. ( Rogers, 101 Ill.App.3d at 61

1991We recognize that appellate representation, like that in Black , does not implicate to the same extent the risk attendant on trial representation that confidential communications will be abused or that divided loyalty will interfere with an attorney's ability to develop a favorable trial record. ( People v. Rogers (1981), 101 Ill.App.3d 614, 617 , 56 Ill.Dec. 955 , 428 N.E.2d 547 .) Accordingly, we also acknowledge that appellate representation cases call for a less vigorous standard than that which is applicable when a trial representation situation is involved. ( Rogers, 101 Ill.App.3d at 61

2022Additionally, the court’s review of the trial transcript “conclusively show[ed] that defense counsel conducted a vigorous defense and exhibited no lack of effectiveness in representing [the] defendant at any stage of the proceedings in the trial court.” Lewis, 60 Ill. 2d at 158 . ¶ 61 Other courts have also addressed situations in which a criminal defendant has invoked the right to a speedy trial against the advice of an attorney who has requested more time to prepare for trial.

2022In Webb, 38 Ill.

2019Additionally, the court found its review of the transcript “conclusively show[ed] that defense counsel conducted a vigorous defense and exhibited no lack of effectiveness in representing defendant at any stage of the proceedings in the trial court.” Id. ¶ 31 In People v. Williams, 59 Ill. 2d 402, 406 (1974), the supreme court likewise concluded the defendant was not denied due process of law by being required to choose between the right to effective assistance of counsel and the right to a speedy trial.

2012Yet a criminal defendant is entitled to be represented by someone free from such constraints.” Id. at 164 ; see also United States v. Mouzin, 785 F.2d 682, 699 (9th Cir. 1986) (noting that an individual perpetrating a fraud on the court may be wary of providing rigorous representation). ¶ 19 We distinguish the instant case from that of People v. Williams, 226 Ill.

2009Williams, 359 Ill.

2005In American Country, 339 Ill.

1993(People v. Johnson (1989), 128 Ill. 2d 253, 269 , 538 N.E.2d 1118, 1125 .) Rather, each allegátion of ineffective assistance of counsel must turn on its own particular facts.

1993(People v. Johnson (1989), 128 Ill. 2d 253, 269 , 538 N.E.2d 1118, 1125 .) Rather, each allegátion of ineffective assistance of counsel must turn on its own particular facts.

1992Pacific Land Research, 20 Cal. 3d at 20 , 569 P.2d at 131 , 141 Cal. Rptr. at 26 .

1992Pacific Land Research, 20 Cal. 3d at 20 , 569 P.2d at 131 , 141 Cal. Rptr. at 26 .

1990(People v. Weger (1987), 154 Ill.

1990App. 3d 412, 415-16 , 506 N.E.2d 1033 .) Moreover, it is not automatically ineffective assistance of counsel when trial counsel concedes his client’s guilt on offenses in which there is overwhelming evidence of his client’s guilt when a vigorous defense is presented on other offenses.

1990It argues an admission of guilt to less than all the elements of a crime charged where the evidence of the defendant’s guilt is overwhelming and where counsel otherwise provides a vigorous defense has been recognized as good defense strategy in Weger and People v. Gill (1988), 169 Ill.

1986Cf. Green v. Green (1976), 41 Ill.

1983App. 3d 469 , 428 N.E.2d 571 .) Here, we note that trial counsel presented a vigorous defense, skillfully examining his own witnesses, thoroughly cross-examining the State’s witnesses, and making timely and often successful objections.

1979Ed. 2d 651 , 91 S. Ct. 1386 (1971).) While in the instant case, defendant may have demonstrated the presence of the first component of this test, i.e., the incompetence of counsel for failure to take necessary precautions against the admission of incompetent evidence, he did not show that it resulted in substantial prejudice when the jury was properly instructed to disregard the prior conviction; nor could he show that the outcome would probably have been different as counsel otherwise conducted a proper and vigorous defense.

1979Ed. 2d 481 , 98 S. Ct. 615 ; People v. Trinkle.) As stated by Justice Ryan in People v. Harris: “Considerable amount of uncertainty seems to prevail in courts and among members of the bar as to what language is permissible or impermissible in charging attempted murder and in instructing the jury on this offense.” ( 72 Ill. 2d 16, 29 , 377 N.E.2d 28, 34 (concurring in part; dissenting in part).) 1 The representation of defendant therefore cannot be categorized as incompetent where the law on this point was unsettled until a subsequent supreme court decision and where we find every indication th

1977Wert v. Burke, 47 Ill.

1977Wert v. Burke, 47 Ill.

1977Intervention has also been allowed after judgment upon a showing that the party who, it is asserted, represents the applicant’s interest, actually filed a “friendly suit” (Dowsett v. City of East Moline, 8 Ill. 2d 560 , 134 N.E.2d 793 (1956)) or lacked the incentive to present a vigorous defense or prosecution for some other reason.

1977Intervention has also been allowed after judgment upon a showing that the party who, it is asserted, represents the applicant’s interest, actually filed a “friendly suit” (Dowsett v. City of East Moline, 8 Ill. 2d 560 , 134 N.E.2d 793 (1956)) or lacked the incentive to present a vigorous defense or prosecution for some other reason.

1976Plaintiff seeks to equate this circumstance with the husband's fraudulent concealment of assets in Glassman v. Glassman (1971), 133 Ill.

1975(People v. Williams (1974), 59 Ill.2d 402 ; People v. Thomas (1972), 51 Ill.2d 39 ; People v. Gonzales (1968), 40 Ill.2d 233 .) A review of the transcript conclusively shows that defense counsel conducted a vigorous defense and exhibited no lack of effectiveness in representing defendant at any stage of the proceedings in the trial court, i Since the defendant was tried within the 120-day period specified by statute with effective assistance of counsel, the judgment of the appellate court affirming the judgment of the circuit court of Cook County is affirmed.

1975(People v. Williams (1974), 59 Ill.2d 402 ; People v. Thomas (1972), 51 Ill.2d 39 ; People v. Gonzales (1968), 40 Ill.2d 233 .) A review of the transcript conclusively shows that defense counsel conducted a vigorous defense and exhibited no lack of effectiveness in representing defendant at any stage of the proceedings in the trial court, i Since the defendant was tried within the 120-day period specified by statute with effective assistance of counsel, the judgment of the appellate court affirming the judgment of the circuit court of Cook County is affirmed.