Whether to grant a continuance is within the sound discretion of the trial court, and we will not overturn that decision absent an abuse of that discretion. In re D.M., 2020 IL App (1st) 200103, ¶ 20. A court abuses its discretion in denying a continuance when it acts arbitrarily or unreasonably.
But just because counsel's argument could have been better does not mean that counsel was ineffective. See Interest of D.M., 2020 IL App (1st) 200103, ¶ 35. Additionally, the trial court was already aware of most of these factors.
Nonetheless, even though counsel was not present, the results in this case would not have been any different. See In re D.M., 2020 IL App (1st) 200103, ¶ 30. "The prejudice prong of the Strickland analysis requires a reasonable probability, not just a mere possibility, of a different outcome." Id.
A trial court abuses its discretion when it makes "a ruling that is arbitrary, fanciful, or unreasonable, or when no reasonable person would take the same view." In re D.M., 2020 IL App (1st) 200103, ¶ 20.
Cronic expressly applies in the criminal context, but this court has declined to expand its holding to termination of parental rights proceedings. See In re C.C., 368 Ill.App.3d 744, 748 (2006); In re D.M., 2020 IL App (1st) 200103, ¶ 31. Therefore, we must reject the mother's argument that prejudice is presumed here.
Procedural due process requires that respondent: (1) receive notice of the proceedings; and (2) have an opportunity to be heard. In re D.M., 2020 IL App (1st) 200103, ¶ 39 (citing In re D.P., 319 Ill.App.3d 554, 558 (2001)). The record conclusively establishes that respondent received notice of the proceedings as he was informed by the caseworker and was served with summons. Approximately one year into the case, respondent appeared for a hearing.
An abuse of discretion occurs if the ruling is arbitrary, fanciful, or unreasonable. In re D.M., 2020 IL App (1st) 200103, ¶ 20. The denial of a request for a continuance will be grounds for a reversal only "where the complaining party has been prejudiced by the denial."
An abuse of discretion occurs if the ruling is arbitrary, fanciful, or unreasonable. In re D.M., 2020 IL App (1st) 200103, ¶ 20. The denial of a request for a continuance will be grounds for a reversal only "where the complaining party has been prejudiced by the denial."