State maintains defense in Illinois

2017Blair, 215 Ill. 2d at 443 .

2015Blair, 215 Ill. 2d at 443 .

2026We agree with the State. ¶ 44 In support thereof, we find People v. Coleman, 206 Ill. 2d 261 (2002), instructive.

2023People v. Childs, 159 Ill. 2d 217 , 228- 29 (1994).

2021“An attorney’s performance must be evaluated from counsel’s perspective at the time the contested action was taken and will be considered constitutionally deficient only if it is objectively unreasonable under prevailing professional norms.” Id.

2021The State maintains that defense counsel’s choice to waive closing argument constituted trial strategy. ¶ 43 “To establish ineffective assistance of counsel, a defendant must show both that counsel’s performance was deficient and that prejudice resulted from that deficiency.” People v. Bailey, 232 Ill. 2d 285, 289 (2009) (citing Strickland v. Washington, 466 U.S. 668 (1984)).

2021Defendant relies on People v. Krueger, 175 Ill. 2d 60 (1996), to support his contention that de novo review is appropriate, while the State maintains that this claim should be subject to the abuse of discretion standard of review. ¶ 62 We agree with the State.

1994The purpose of the Act is to prevent drug abuse and encourage treatment and rehabilitation by allowing eligible defendants to elect rehabilitative treatment instead of traditional sentencing. ( People v. Bender (1992), 226 Ill.App.3d 940 , 168 Ill.Dec. 895 , 590 N.E.2d 532 .) To achieve these purposes, the provisions of the Act must be liberally construed. 20 ILCS 305/1-102 (West 1993).

1994The purpose of the Act is to prevent drug abuse and encourage treatment and rehabilitation by allowing eligible defendants to elect rehabilitative treatment instead of traditional sentencing. ( People v. Bender (1992), 226 Ill.App.3d 940 , 168 Ill.Dec. 895 , 590 N.E.2d 532 .) To achieve these purposes, the provisions of the Act must be liberally construed. 20 ILCS 305/1-102 (West 1993).

1992“The sole function of instructions is to convey to the minds of the jury the correct principles of law applicable to the evidence submitted to it in order that, having determined the final state of facts from the evidence, the jury may, by the application of proper legal principles, arrive at a correct conclusion according to the law and the evidence.” (People v. Gambony (1948), 402 Ill. 74, 81-82 , cited with approval in People v. Hester (1989), 131 Ill. 2d 91, 98 .) Whenever applicable, an “IPI Criminal 2d instruction shall be used, unless the court determines that it does not accurately sta

1992“The sole function of instructions is to convey to the minds of the jury the correct principles of law applicable to the evidence submitted to it in order that, having determined the final state of facts from the evidence, the jury may, by the application of proper legal principles, arrive at a correct conclusion according to the law and the evidence.” (People v. Gambony (1948), 402 Ill. 74, 81-82 , cited with approval in People v. Hester (1989), 131 Ill. 2d 91, 98 .) Whenever applicable, an “IPI Criminal 2d instruction shall be used, unless the court determines that it does not accurately sta

1992"The sole function of instructions is to convey to the minds of the jury the correct principles of law applicable to the evidence submitted to it in order that, having determined the final state of facts from the evidence, the jury may, by the application of proper legal principles, arrive at a correct conclusion according to the law and the evidence." ( People v. Gambony (1948), 402 Ill. 74, 81-82 , 83 N.E.2d 321 , cited with approval in People v. Hester (1989), 131 Ill.2d 91, 98 , 136 Ill.Dec.

1992In People v. Sanchez (1989), 131 Ill. 2d 417, 424 , the court held that as a general rule, the judiciary does not have the power to immunize witnesses; rather, the State is statutorily vested with such a power.

1992“The sole function of instructions is to convey to the minds of the jury the correct principles of law applicable to the evidence submitted to it in order that, having determined the final state of facts from the evidence, the jury may, by the application of proper legal principles, arrive at a correct conclusion according to the law and the evidence.” (People v. Gambony (1948), 402 Ill. 74, 81-82 , cited with approval in People v. Hester (1989), 131 Ill. 2d 91, 98 .) Whenever applicable, an “IPI Criminal 2d instruction shall be used, unless the court determines that it does not accurately sta

1992"The sole function of instructions is to convey to the minds of the jury the correct principles of law applicable to the evidence submitted to it in order that, having determined the final state of facts from the evidence, the jury may, by the application of proper legal principles, arrive at a correct conclusion according to the law and the evidence." ( People v. Gambony (1948), 402 Ill. 74, 81-82 , 83 N.E.2d 321 , cited with approval in People v. Hester (1989), 131 Ill.2d 91, 98 , 136 Ill.Dec.

1992Because “[t]he interests of justice demand that the rule of waiver be modified, in criminal cases, where necessary to ensure fundamental fairness,” which includes “seeing to it that certain basic instructions” are given (People v. Ogunsola (1981), 87 Ill. 2d 216, 222 , 429 N.E.2d 861 ), the State’s initial assertion that the error was effectively waived must fail.

1992Because “[t]he interests of justice demand that the rule of waiver be modified, in criminal cases, where necessary to ensure fundamental fairness,” which includes “seeing to it that certain basic instructions” are given (People v. Ogunsola (1981), 87 Ill. 2d 216, 222 , 429 N.E.2d 861 ), the State’s initial assertion that the error was effectively waived must fail.

1992App. 3d 417 , 555 N.E.2d 1122 .) The State maintains such a hearing was conducted outside the presence of the jury at which both counsel were present.

1989People v. Jones (1979), 85 Ill. 2d 1 , 405 N.E.2d 343 ; People v. Cloyd (1987), 152 Ill.

1989People v. Jones (1979), 85 Ill. 2d 1 , 405 N.E.2d 343 ; People v. Cloyd (1987), 152 Ill.

1989People v. Jones (1979), 85 Ill. 2d 1 , 405 N.E.2d 343 ; People v. Cloyd (1987), 152 Ill.

1989In People v. Murphy (1987), 160 Ill.

1987Ed. 2d 727 , 106 S. Ct. 3314 .) The State maintains that defense counsel’s decision to not tender the affirmative defense of voluntary intoxication was a trial tactic and exercise of judgment which cannot be the basis for finding ineffective assistance of counsel.

1986The State maintains that the requirement that a probationer not violate any criminal statute is mandatory or inherent in any probation (see People v. Isringhaus (1976), 38 Ill. App. 3d 535, 537 , 347 N.E.2d 834 ; People v. Newton (1974), 18 Ill. App. 3d 180, 183 , 309 N.E.2d 779 ) and, thus, defendant is charged with knowledge of this condition even though not specified in any order.

1986The State maintains that the requirement that a probationer not violate any criminal statute is mandatory or inherent in any probation (see People v. Isringhaus (1976), 38 Ill. App. 3d 535, 537 , 347 N.E.2d 834 ; People v. Newton (1974), 18 Ill. App. 3d 180, 183 , 309 N.E.2d 779 ) and, thus, defendant is charged with knowledge of this condition even though not specified in any order.

1986The State maintains that the requirement that a probationer not violate any criminal statute is mandatory or inherent in any probation (see People v. Isringhaus (1976), 38 Ill. App. 3d 535, 537 , 347 N.E.2d 834 ; People v. Newton (1974), 18 Ill. App. 3d 180, 183 , 309 N.E.2d 779 ) and, thus, defendant is charged with knowledge of this condition even though not specified in any order.

1986The State maintains that the requirement that a probationer not violate any criminal statute is mandatory or inherent in any probation (see People v. Isringhaus (1976), 38 Ill. App. 3d 535, 537 , 347 N.E.2d 834 ; People v. Newton (1974), 18 Ill. App. 3d 180, 183 , 309 N.E.2d 779 ) and, thus, defendant is charged with knowledge of this condition even though not specified in any order.

1980Defendant is entitled to assistance of counsel under both the United States Constitution (Gideon v. Wainwright (1963), 372 U.S. 335, 342 , 9 L.

1980Defendant is entitled to assistance of counsel under both the United States Constitution (Gideon v. Wainwright (1963), 372 U.S. 335, 342 , 9 L.

1967They argue that even if the facts alleged in the motion were true, a hearing would be useless in light of Barnes v. United States, 241 F2d 252 (9th Cir, 1956) and United States v. Richmond, 178 F Supp 44 (2nd Cir, 1958).