People v. Gilbert

7 Citing cases

  1. People v. Negron

    297 Ill. App. 3d 519 (Ill. App. Ct. 1998)   Cited 72 times
    Finding no reasonable doubt where the victims had "several seconds" to view their attackers

    The basis for the denial was that defendant did not attach the affidavits to his posttrial motion, they were never presented to the trial court in the context of defendant's case, and accordingly any argument based thereon is waived. People v. Enoch, 122 Ill.2d 176, 522 N.E.2d 1124 (1988); People v. Gilbert, 224 Ill. App.3d 624, 632, 586 N.E.2d 1308, 1313 (1992). Accordingly, they are not properly before us and may not be considered.

  2. People v. Johnson

    2015 Ill. App. 130084 (Ill. App. Ct. 2015)

    Where the disposition of a defendant's ineffective assistance of counsel claim requires consideration of matters beyond the record on direct appeal, it is more appropriate that the defendant's contentions be addressed in a proceeding for postconviction relief, and the appellate court may properly decline to adjudicate the defendant's claim in his direct appeal from his criminal conviction. People v. Morris, 229 Ill. App. 3d 144, 167 (1992); see People v. Gilbert, 224 Ill. App. 3d 624, 632-33 (1992). "Claims of ineffective assistance of counsel are usually reserved for postconviction proceedings where a trial court can conduct an evidentiary hearing, hear defense counsel's reasons for any allegations of inadequate representation, and develop a complete record regarding the claim and where attorney-client privilege no longer applies."

  3. People v. Beasley

    2014 Ill. App. 121300 (Ill. App. Ct. 2014)

    A conviction for criminal damage to property does not constitute a crime of violence for Lynch purposes. People v. Gilbert, 224 Ill. App. 3d 624, 63132 (1992). Accordingly, we find that the trial court did not abuse its discretion in precluding defendant from introducing evidence that Erica struck Kimberley Luellen's door with a car jack.

  4. People v. Parker

    344 Ill. App. 3d 728 (Ill. App. Ct. 2003)   Cited 23 times
    In Parker, as in Taylor, no mention was made of the rule set forth in Davis that remand is appropriate only where there has been prejudice or a denial of real justice. Parker also is unpersuasive. There is virtually no analysis on the issue of remand for proper Rule 605(a) admonishments.

    "Where the disposition of a defendant's ineffective assistance of counsel claim requires consideration of matters beyond the record on direct appeal, it is more appropriate that the defendant's contentions be addressed in a proceeding for postconviction relief, and the appellate court may properly decline to adjudicate the defendant's claim in his direct appeal from his criminal conviction." People v. Burns, 304 Ill. App. 3d 1, 11, 709 N.E.2d 672, 680 (1999); see also People v. Morris, 229 Ill. App. 3d 144, 593 N.E.2d 932 (1992); People v. Gilbert, 224 Ill. App. 3d 624, 586 N.E.2d 1308 (1992). Because the record is inadequate to resolve defendant's ineffective assistance of counsel claim, we decline to decide it.

  5. People v. Knippenberg

    325 Ill. App. 3d 251 (Ill. App. Ct. 2001)   Cited 6 times
    In Knippenberg, the court rejected the defendant's argument that he was improperly prosecuted and convicted of theft by deception, a felony, rather than violating a criminal provision of the Solicitation for Charity Act (225 ILCS 460/0.01 et seq. (West 1998)).

    However, nothing in the record indicates that Ingersoll had any such information. A claim of ineffective assistance of counsel involving matters not in the record are not appropriately reviewed on direct appeal. People v. Gilbert, 224 Ill. App.3d 624, 586 N.E.2d 1308 (1992). For the reasons already stated, the public defender who represented counsel at the post-trial stage was not ineffective for failing to raise the standing issue.

  6. People v. Huff

    308 Ill. App. 3d 1046 (Ill. App. Ct. 1999)   Cited 5 times

    Claims of ineffective assistance of counsel are normally more appropriately addressed in a petition under the Post-Conviction Hearing Act (Act) ( 725 ILCS 5/122-1 et seq. (West 1998)), where the trial court can conduct an evidentiary hearing and develop a complete record regarding the claim of ineffective assistance of counsel. See People v. Holloman, 304 Ill. App.3d 177, 186-87, 709 N.E.2d 969, 975-76 (1999); People v. Morris, 229 Ill. App.3d 144, 166, 593 N.E.2d 932, 947 (1992); People v. Gilbert, 224 Ill. App.3d 624, 633, 586 N.E.2d 1308, 1314 (1992). This court should reverse the trial court's dismissal and remand for further proceedings, and if defendant were convicted after remand, he could pursue his ineffective assistance of counsel claim in a petition filed under the Act.

  7. People v. Morris

    229 Ill. App. 3d 144 (Ill. App. Ct. 1992)   Cited 43 times
    Affirming the circuit court's judgment

    Rev. Stat. 1989, ch. 38, pars. 122-1 through 122-8), and the appellate court may properly decline to adjudicate the defendant's claim in his direct appeal from his criminal conviction. ( People v. Gilbert (1992), 224 Ill. App.3d 624, 632-33, 586 N.E.2d 1308; People v. Kunze (1990), 193 Ill. App.3d 708, 725-26, 550 N.E.2d 284.) In light of these principles, we decline to address the merits of defendant's argument that his trial counsel was ineffective for a failure to investigate alibi witnesses.