articulation of a plausible defense in Illinois

2025The charges defendant faced and their respective sentencing ranges vastly exceeded the sentence he received in exchange for pleading guilty to just one count of aggravated battery. ¶ 22 Moreover, for defendant’s contention to be successful, it must have been brought with a “claim of innocence or the articulation of a plausible defense that could have been raised at trial.” See People v. Hall, 217 Ill. 2d 324, 335-36 (2005).

2024“A bare allegation that the defendant would have pleaded not guilty *** is not enough to -6- establish prejudice. [Citation.] Rather, the defendant’s claim must be accompanied by either a claim of actual innocence or the articulation of a plausible defense that could have been raised at trial.” Id. at 335-36 . ¶ 18 First, although OSAD has provided the incorrect dates regarding when defendant’s petition was filed and when it was summarily dismissed, we nonetheless agree that no argument can be made the trial court failed to comply with the first-stage procedural requirements of the Act.

2026Further, under Hill v. Lockhart, 474 U.S. 52, 59 (1985), “the question of whether counsel’s deficient representation caused the defendant to plead guilty depends in large part on - 27 - predicting whether the defendant likely would have been successful at trial.” Agee, 2023 IL 128413 , ¶ 51. ¶ 83 Defendant’s contention of postconviction counsel’s errors under this heading is twofold.

2024Specifically: “To establish the prejudice prong of an ineffective assistance of trial counsel claim in the guilty plea context, the defendant must show there is a reasonable probability that, absent counsel’s alleged errors, the defendant would have pled not guilty and insisted on going to trial. [Citations.] A conclusory allegation that a defendant would not have pled guilty and would have demanded a trial is insufficient to establish prejudice. [Citations.] Rather, a guilty plea defendant’s claim of counsel’s incompetence concerning a matter of defense strategy must be accompanied by either

2014Doing this requires that “the defendant’s claim *** be accompanied by either a claim of innocence or the articulation of a plausible defense that could have been raised at trial.” Hall, 217 Ill. 2d at 335-36 . “[P]rejudice to [the defendant] is *** measured by the likelihood that his plea was induced by [counsel’s] deficiency.” People v. Robinson, 157 Ill.

2014Doing this requires that “the defendant’s claim *** be accompanied by either a claim of innocence or the articulation of a plausible defense that could have been raised at trial.” Hall, 217 Ill. 2d at 335-36 . “[P]rejudice to [the defendant] is *** measured by the likelihood that his plea was induced by [counsel’s] deficiency.” People v. Robinson, 157 Ill.

2005Rissley, 206 Ill. 2d at 459-60 , quoting United States v. LaBonte, 70 F.3d 1396, 1413 (1st Cir. 1995), rev’d on other grounds, 520 U.S. 751 , 137 L.

2005Rissley, 206 Ill.2d at 459-60 , 276 Ill.Dec. 821 , 795 N.E.2d 174 , quoting United States v. LaBonte, 70 F.3d 1396 , 1413 *921 (1st Cir.1995), rev'd on other grounds, 520 U.S. 751 , 117 S.Ct. 1673 , 137 L.Ed.2d 1001 (1997).

2023See People v. Rissley, 206 Ill. 2d 403, 459-60 , 795 N.E.2d 174, 205 (2003) (stating a defendant’s assertion that he would not have pleaded guilty absent counsel’s inadequate advice must be accompanied by either a claim of innocence or the articulation of a plausible defense in order to satisfy the prejudice requirement of a claim of ineffective assistance relating to a defendant’s prospects at trial).

2023See People v. Rissley, 206 Ill. 2d 403, 459-60 , 795 N.E.2d 174, 205 (2003) (stating a defendant’s assertion that he would not have pleaded guilty absent counsel’s inadequate advice must be accompanied by either a claim of innocence or the articulation of a plausible defense in order to satisfy the prejudice requirement of a claim of ineffective assistance relating to a defendant’s prospects at trial).

2023Under Strickland, “reviewing courts entertain a strong presumption that the attorney’s 5 performance was a product of sound trial strategy and professional judgment.” People v. Harris, 206 Ill. 2d 293, 303 (2002).

2023See People v. Walker, 2019 IL App (3d) 170374, ¶ 18 .

2014Hall, 217 Ill. 2d at 335 ; see also People v. Pugh, 157 Ill. 2d 1, 15 (1993) (citing Hill, 474 U.S. at 59 ). ¶ 43 The defendant acknowledges the holding in Hall, but nevertheless contends that in imposing the aforementioned requirement, the Illinois Supreme Court improperly relied on an overly broad reading of the United States Supreme Court’s decision in Hill v. Lockhart, 474 U.S. 52, 59 (1985).