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People v. Erickson

Citations

  • 641 N.E.2d 455
  • 161 Ill. 2d 82
  • 204 Ill. Dec. 231
  • 1994 Ill. LEXIS 98

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that even a claim as to “what trial counsel allegedly ought to have done in presenting a defense” may be forfeited in some circumstances
  • ineffective-assistance claim waived when counsel’s failure to verify expert’s credentials was made evident during the State’s cross-examination of the expert
  • claims based on what counsel should have done, but failed to do, typically depend - 20 - No. 1-22-0595 on matters outside trial record
  • if ineffective- assistance claim can be disposed of on basis that defendant did not suffer sufficient prejudice, court need not consider whether counsel’s performance was deficient
  • ineffective assistance claims based on what counsel ought to have done may depend on matters de hors the record; such claims are not subject to procedural default under the Act
  • “Failure to raise a claim which could have been addressed on direct appeal is a procedural default which results in a bar to consideration of the claim’s merits in a post-conviction proceeding.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Freeman, McMorrow, Harrison

Read full opinion on CourtListener

Cited by

43 cases in this archive cite this case; the 20 most cited are listed.

Cites

60 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.