People v. Jolly
2014 IL 117142
| Ill. | 2015Background
- Defendant John Willie Jolly was charged in 2010 with unlawful delivery of a controlled substance in McLean County and convicted based largely on a confidential informant's testimony and police corroboration.
- During trial, the State’s evidence included Gunn, a drug-addicted informant, and a controlled buy arranged March 18, 2010.
- After sentencing, Jolly filed pro se posttrial motions alleging ineffective assistance of trial counsel, prompting Krankel-related preliminary proceedings.
- On remand, the circuit court conducted a Krankel inquiry but allowed the State to participate adversarially and relied on evidence outside the record.
- Appellate court affirmed denial of the claims as harmless beyond a reasonable doubt; the case journaled conflict on proper handling of adversarial participation in Krankel inquiries.
- This Court reverses and remands for a new, neutral Krankel inquiry before a different judge without State adversarial participation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred by allowing State adversarial participation in Krankel. | Jolly argues the State’s role improperly biased the inquiry. | People contends any error was harmless beyond a reasonable doubt. | Reversible error; remand for a new Krankel inquiry before a different judge without State participation. |
| Whether reliance on matters outside the record tainted the Krankel proceeding. | Jolly asserts use of outside knowledge biased the record. | People argues such reliance was harmless given the record. | Reversible error; remand to ensure neutral proceedings and proper record. |
Key Cases Cited
- People v. Krankel, 102 Ill. 2d 181 (1984) (foundation of Krankel procedure; initial factual inquiry without new counsel)
- People v. Moore, 207 Ill. 2d 68 (2003) (allows questioning of counsel and defendant; non-automatic appointment of new counsel)
- People v. Nitz, 143 Ill. 2d 82 (1991) (harmless-error assessment hinges on proper Krankel process)
- People v. Fields, 2013 IL App (2d) 120945 (2013) (endorses de minimis State participation; reversal/remand to avoid adversarial Krankel)
- People v. Cabrales, 325 Ill. App. 3d 1 (2001) (remedy for improper Krankel proceedings; remand before a different judge)
- People v. Patrick, 2011 IL 111666 (2011) (Krankel’s goal to facilitate full consideration of claims and limit appellate issues)
- People v. Jocko, 239 Ill. 2d 87 (2010) (Krankel procedure and scope of preliminary inquiry)