People v. Peacock

94 Citing cases

  1. People v. Smith

    2020 Ill. App. 4th 190803 (Ill. App. Ct. 2020)

    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.

  2. People v. Johnson

    368 Ill. App. 3d 1146 (Ill. App. Ct. 2006)   Cited 69 times
    Finding the decision to not request a limiting instruction for other-crimes evidence may have been trial strategy to not draw attention to the evidence

    We consider this issue de novo. People v. Peacock, 359 Ill. App. 3d 326, 331, 833 N.E.2d 396, 400 (2005). 1.

  3. People v. Brown

    2020 Ill. App. 4th 180069 (Ill. App. Ct. 2020)   Cited 1 times

    ¶ 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."

  4. People v. Brewer

    2024 Ill. App. 4th 230273 (Ill. App. Ct. 2024)

    ¶ 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.

  5. People v. Wright

    2023 Ill. App. 4th 210301 (Ill. App. Ct. 2023)

    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).

  6. People v. Trujillo

    2023 Ill. App. 4th 210489 (Ill. App. Ct. 2023)   Cited 1 times

    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.

  7. People v. Johnson

    2022 Ill. App. 4th 210712 (Ill. App. Ct. 2022)

    ¶ 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.

  8. People v. Hernandez

    2020 Ill. App. 2d 170978 (Ill. App. Ct. 2020)

    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.

  9. People v. Brownfield

    2020 IL App (4th) 170439 (Ill. App. Ct. 2020)

    ¶ 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."

  10. People v. Lucero-Molina

    2019 Ill. App. 4th 180705 (Ill. App. Ct. 2019)

    ¶ 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."