People v. Flemming, 2015 IL App (1st) 111925-B, ¶ 85, 31 N.E.3d 935. Ordinarily, an adequate inquiry may include "(1) questioning the trial counsel, (2) questioning the defendant, [or] (3) relying on its own knowledge of the trial counsel's performance in the trial." People v. Peacock, 359 Ill. App. 3d 326, 339, 833 N.E.2d 396, 407 (2005). Whether a trial court properly conducted a preliminary Krankel inquiry presents an issue we review de novo.
We consider this issue de novo. People v. Peacock, 359 Ill. App. 3d 326, 331, 833 N.E.2d 396, 400 (2005). 1.
¶ 54 A court can conduct an inquiry into allegations counsel was ineffective by doing one or more of the following: "(1) questioning the trial counsel, (2) questioning the defendant, and (3) relying on its own knowledge of the defense counsel's performance in the trial." People v. Peacock, 359 Ill. App. 3d 326, 339, 833 N.E.2d 396, 407 (2005). "[A] preliminary Krankel inquiry should operate as a neutral and nonadversarial proceeding."
¶ 93 Although we analyze defendant's claims of ineffective assistance of counsel under a de novo standard of review, we are mindful that cross-examination is generally a matter of trial strategy. People v. Pecoraro, 175 Ill.2d 294, 326 (1997); People v. Peacock, 359 Ill.App.3d 326, 339 (2005). Thus, while it is not impossible for an attorney to render ineffective assistance of counsel during cross-examination, an objectively reasonable cross-examination cannot amount to ineffective assistance unless the defendant suffered prejudice.
Ordinarily, an adequate inquiry may include "(1) questioning the trial counsel, (2) questioning the defendant, [or] (3) relying on [the court's] own knowledge of the trial counsel's performance in the trial." People v. Peacock, 359 Ill.App.3d 326, 339, 833 N.E.2d 396, 407 (2005).
Ordinarily, an adequate inquiry may include "(1) questioning the trial counsel, (2) questioning the defendant, [or] (3) relying on [the court's] own knowledge of the trial counsel's performance in the trial." People v. Peacock, 359 Ill.App.3d 326, 339, 833 N.E.2d 396, 407 (2005). We review the adequacy of the trial court's Krankel inquiry de novo.
¶ 27 According to defendant's brief, at the Krankel preliminary inquiry, attorney Riess did not directly respond to his complaint his testimony was limited. Relying on People v. Peacock, 359 Ill.App.3d 326, 339-40, 823 N.E.2d 396, 407 (2005), defendant argues it was the trial court's duty to inquire into defendant's claim before ruling on defendant's motion. However, in Peacock, 359 Ill.App.3d at 339, 823 N.E.2d at 407, the trial court made no inquiry of any kind into the defendant's allegations of ineffective assistance of counsel.
Given defendant's prior history of domestic battery toward Christina, the court could have inferred that defendant's criminal objective was to physically control and abuse his wife. This case is unlike People v. Peacock, 359 Ill. App. 3d 326, 338 (2005), where the court held that the defendant's ultimate purpose behind his various offenses was to dissuade the victim from breaking up with him. In Peacock, the defendant kept saying throughout the commission of all the offenses that he wanted to be with the victim.
¶ 33 A court can conduct an inquiry into allegations counsel was ineffective by doing one or more of the following: "(1) questioning the trial counsel, (2) questioning the defendant, and (3) relying on its own knowledge of the defense counsel's performance in the trial." People v. Peacock, 359 Ill. App. 3d 326, 339, 833 N.E.2d 396, 407 (2005). "[A] preliminary Krankel inquiry should operate as a neutral and nonadversarial proceeding."
¶ 29 A court can conduct an inquiry into allegations counsel was ineffective by doing one or more of the following: "(1) questioning the trial counsel, (2) questioning the defendant, and (3) relying on its own knowledge of the defense counsel's performance in the trial." People v. Peacock, 359 Ill. App. 3d 326, 339, 833 N.E.2d 396, 407 (2005). "[A] preliminary Krankel inquiry should operate as a neutral and nonadversarial proceeding."