Upload a complaint or brief to quickly find on-point case law.
CARA A.I. uses the facts and legal issues in your document to find relevant authorities.
Drag a complaint or brief hereUpload a complaint or briefPDF documentWORD documentTXT documentOr, choose a document to uploadChoose DocumentSecure
Find on-point cases faster with CARA A.I.
Β§

People v. Dobbs

353 Ill. App. 3d 817 (Ill. App. Ct. 2004)
Depth of Treatment
Newest to Oldest
Oldest to Newest
Cite Count
People v. Dobbs

22 Citing cases

  1. People v. Hotwagner

    2015 Ill. App. 5th 130525 (Ill. App. Ct. 2015)   Cited 66 times
    In Hotwagner, this court explained that trial counsel and postconviction counsel serve different roles, because a postconviction petitioner has "already been stripped of the presumption of innocence," and because the right to postconviction counsel is not constitutionally required, the reasonable level of assistance required under the Act is not coextensive with the level of assistance required under Strickland v. Washington, 466 U.S. 668 (1984).

    ΒΆ 35 "Neither mistakes in strategy nor the fact that another attorney with the benefit of hindsight would have proceeded differently is sufficient to establish ineffective assistance of counsel." People v. Dobbs, 353 Ill. App. 3d 817, 827 (2004). Additionally, a defendant "cannot rely on speculation or conjecture to justify his claim of incompetent representation."

  2. People v. Sincere

    2017 Ill. App. 2d 141110 (Ill. App. Ct. 2017)

    In particular, during a bench trial, the court is presumed to consider only admissible evidence, and this presumption is overcome only where it affirmatively appears from the record that the court considered improper evidence. People v. Dobbs, 353 Ill. App. 3d 817, 824 (2004). Accordingly, this court should not presume that the trial court considered improper evidence.

  3. People v. Conway

    2023 Ill. App. 3d 210334 (Ill. App. Ct. 2023)   Cited 2 times

    ("In any event, 'that another attorney with the benefit of hindsight would have proceeded differently' does not demonstrate that [counsel's] representation was objectively unreasonable." (quoting People v. Dobbs, 353 Ill.App.3d 817, 827 (2004)). Thus, postconviction counsel provided reasonable assistance, where defendant has failed to meet his burden to overcome the existing presumption provided by the filed Rule 651(c) certificate. See Rossi, 387 Ill.App.3d at 1060.

  4. People v. Archie

    2021 IL App (3d) 180595 (Ill. App. Ct. 2021)

    "Neither mistakes in strategy nor the fact that another attorney with the benefit of hindsight would have proceeded differently is sufficient to establish ineffective assistance of counsel." People v. Dobbs, 353 Ill. App. 3d 817, 827 (2004). Moreover, a defendant cannot rely on speculation or conjecture to justify his claim of ineffective assistance.

  5. People v. Taylor T. (In re A.T.)

    2021 IL App (2d) 200497 (Ill. App. Ct. 2021)

    This presumption is rebutted only 'if it affirmatively appears from the record that improver evidence was considered by the court.' People v. Dobbs, 353 Ill. App. 3d 817, 824 (2004). Further, Illinois Supreme Court

  6. People v. Perkins

    2020 Ill. App. 2d 170963 (Ill. App. Ct. 2020)   Cited 4 times

    Obviously, there is no likelihood that the allegedly false testimony would have affected the judge's conclusions at trial, as the judge reviewed the evidence that defendant submitted in support of the posttrial motion and then denied the motion. See, e.g., People v. Dobbs, 353 Ill. App. 3d 817, 824 (2004) ("When conducting a bench trial, the trial court is presumed to consider only admissible evidence. *** This presumption is overcome, however, if it affirmatively appears from the record that improper evidence was considered by the court."). ΒΆ 49 Moreover, it was of marginal relevance, if any, whether K.O. and Kleveno had a romantic or sexual relationship in the weeks after K.O. broke up with defendant.

  7. People v. Elizabeth E. (In re D.E.Z.)

    2020 IL App (2d) 191052 (Ill. App. Ct. 2020)

    This presumption is rebutted only " 'if it affirmatively appears from the record that improper evidence was considered by the court.' " Id. (quoting People v. Dobbs, 353 Ill. App. 3d 817, 824 (2004)). Further, Illinois Supreme Court Rule 903 (eff.

  8. People v. Lisa J. (In re Z.J.)

    2020 IL App (2d) 190824 (Ill. App. Ct. 2020)   Cited 37 times

    This presumption is rebutted only "if it affirmatively appears from the record that improver evidence was considered by the court." People v. Dobbs, 353 Ill. App. 3d 817, 824 (2004). Further, Illinois Supreme Court Rule 903 (eff.

  9. People v. Lisa A.J. (In re Z.J.)

    2020 IL App (2d) 190824 (Ill. App. Ct. 2020)

    This presumption is rebutted only "if it affirmatively appears from the record that improver evidence was considered by the court." People v. Dobbs, 353 Ill. App. 3d 817, 824 (2004). Further, Illinois Supreme Court Rule 903 (eff.

  10. People v. Latrice D. (In re M.H.)

    2019 IL App (2d) 190595 (Ill. App. Ct. 2019)

    This presumption is rebutted only "if it affirmatively appears from the record that improper evidence was considered by the court." People v. Dobbs, 353 Ill. App. 3d 817, 824(2004). Further, Illinois Supreme Court Rule 903 (eff. March 8, 2016) expresses a preference for the same judge to hear all proceedings involving child custody and the division of parental responsibilities: "Whenever possible and appropriate, all child custody and allocation of parental responsibilities proceedings relating to an individual child shall be conducted by a single judge."