· 6/3/2005
People v. Serio
Citations
- 830 N.E.2d 749
- 357 Ill. App. 3d 806
- 294 Ill. Dec. 337
- 2005 Ill. App. LEXIS 563
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a defendant represented by counsel has no authority to file a pro se motion and the court should not consider it
- stating that a defendant represented by counsel has no authority to file a pro se motion and the court should not consider it
- holding that an accused has the right to either proceed pro se or be represented by counsel, but there is no right to both hybrid representation whereby he or she would receive the services of counsel and still be permitted to file pro se motions
- noting an exception to the general rule when defendant files a pro se motion to disqualify appointed counsel
- “When a defendant is represented by counsel, he generally has no authority to file pro se motions, and the court should not consider them.”
- defendant “has the right either to have counsel represent him or to represent himself; but a defendant has no right to both self-representation and the assistance of counsel”
Source: CourtListener parenthetical corpus (CC0).
Judges: Byrne
Read full opinion on CourtListenerSourced 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.