[DOWNLOAD] "People v. Decarlis" by Illinois Appellate Court — Second District Judgment Affirmed " Book PDF Kindle ePub Free
eBook details
- Title: People v. Decarlis
- Author : Illinois Appellate Court — Second District Judgment Affirmed
- Release Date : January 19, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Defendant, Thomas DeCarlis, appeals his conviction and sentence for attempt (armed robbery). The central issue on this appeal is whether the defendant was denied effective assistance of counsel when his privately retained attorney made no motion for discharge under the Illinois speedy trial act (Ill. Rev. Stat. 1979, ch. 38, par. 103-5(b)), and failed to object to the introduction of allegedly immaterial evidence. • 1 The general rule in Illinois is that a conviction will be reversed due to incompetence of privately retained counsel only where the representation is of such a low caliber as to amount to no representation at all or reduces the court proceedings to a farce or a sham. (People v. Murphy (1978), 72 Ill.2d 421, 436; People v. Brinson (1980), 80 Ill. App.3d 388, 394. See generally People v. Morris (1954), 3 Ill.2d 437, 444-49.) Defendant urges this court to abandon the farce or mockery standard and adopt the Seventh Circuit's rule that counsel's performance must meet a minimum level of professional representation. (See United States ex rel. Williams v. Twomey (7th Cir. 1975), 510 F.2d 634, 640-41, cert. denied sub nom. Sielaff v. Williams (1975), 423 U.S. 876, 46 L.Ed.2d 109, 96 S.Ct. 148.) As recently as 1978, the Illinois Supreme Court declined to adopt the Seventh Circuit's rule; we, therefore, continue to apply the strict test embodied in the general rule set forth above until otherwise changed or modified by the supreme court.