2025 IL App (5th) 231206
Ill. App. Ct.2025Background
- In a 2021 courthouse sally-port incident, Goss grabbed a correctional officer’s gun during transport, a struggle ensued, the weapon discharged, and a deputy shot Goss; that event generated multiple criminal prosecutions.
- In Jefferson County Case No. 2021-CF-213 Goss was convicted of armed robbery and aggravated discharge and sentenced to 40 years.
- On February 6, 2023, the State filed a supplemental information adding charges in the new case, including attempted escape (added after the original information).
- Goss repeatedly filed pro se complaints accusing his appointed counsel (Neal Heflin) of ineffective assistance: alleged tampering or suppression of an alternate video, breach of attorney‑client confidentiality, a personal friendship with a victim, and he and his family complained to the ARDC.
- At the November 17, 2023 sentencing hearing for the later case Goss loudly objected to counsel speaking for him and accused counsel and the State of tampering; the trial court imposed an aggregate 44‑year sentence (with some counts concurrent and one count at extended-term eligibility) and ordered the sentence consecutive to the prior 40‑year term, but did not conduct a Krankel inquiry into Goss’s pro se claims.
- The appellate court held the trial court erred in failing to conduct a preliminary Krankel inquiry and remanded for that hearing; the court expressly did not decide the other sentencing challenges pending the Krankel inquiry.
Issues
| Issue | State's Argument | Goss's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not conducting a preliminary inquiry into pro se claims of ineffective assistance of counsel (Krankel) | State conceded that an inquiry should have been conducted | Goss argued repeatedly (by filings and at sentencing) that counsel breached privilege, tampered with/suppressed a video, had improper ties to a victim, and otherwise neglected/undermined his defense | Remanded for a preliminary Krankel inquiry (trial court must examine factual basis and, if warranted, appoint new counsel) |
| Whether the trial court improperly imposed an extended‑term sentence | State maintained sentencing lawful | Goss argued the extended term was improper | Not decided on appeal—reserved pending Krankel hearing |
| Whether the court relied on an aggravating factor inherent in the offense when sentencing | State asserted aggravation supported sentence | Goss argued court relied on an inherent factor, making sentencing improper | Not decided on appeal—reserved pending Krankel hearing |
| Whether the court abused discretion by ordering the sentence consecutive to prior 40‑year sentence | State argued consecutive term permissible under statute | Goss argued consecutive imposition was abusive | Not decided on appeal—reserved pending Krankel hearing |
Key Cases Cited
- People v. Krankel, 102 Ill.2d 181 (Ill. 1984) (establishes trial‑court duty to inquire into pro se claims of ineffective assistance)
- People v. Ayres, 2017 IL 120071 (Ill. 2017) (clarifies Krankel inquiry procedure and purpose)
- People v. Moore, 207 Ill.2d 68 (Ill. 2003) (discusses when trial court must appoint new counsel after preliminary inquiry)
- People v. Munson, 171 Ill.2d 158 (Ill. 1996) (explains scope of Krankel‑type review)
- People v. Patrick, 2011 IL 111666 (Ill. 2011) (no particular form required for pro se claim; filings or letters may trigger inquiry)