People v. Remsik-Miller
2012 IL App (2d) 100921
Ill. App. Ct.2012Background
- Defendant Sherrianne Remsik-Miller was convicted by a bench trial of solicitation of murder for hire and sentenced to 22 years.
- Defendant filed posttrial motions; defense counsel did not file a postsentencing motion.
- At a hearing on the pro se motion for reconsideration, defendant stated counsel did not represent her “to his fullest ability during [her] trial.”
- The trial court treated prior arguments about witnesses as the basis for the ruling, and denied the pro se motion.
- On appeal, defendant argued the court should have conducted a Krankel-type inquiry into her ineffective-assistance claim.
- The appellate court remanded for a preliminary examination to determine the factual basis of the allegation, with potential denial if related to the prior witnesses argument or further inquiry if referring to other deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did defendant’s pro se remark trigger Krankel inquiry? | Remsik-Miller | Remsik-Miller | Remanded for preliminary examination |
| Whether the allegation relates back to the witnesses issue or requires new inquiry | People | Remsik-Miller | If related to witnesses, no further inquiry; otherwise, conduct new inquiry |
| What standard governs Krankel inquiries for pro se ineffective-assistance claims | People | Remsik-Miller | Trial court must conduct factual basis inquiry; appoint counsel if needed; remand for limited inquiry |
Key Cases Cited
- People v. Krankel, 102 Ill.2d 181 (1984) (establishes preliminary inquiry into pro se ineffectiveness claims; appoints new counsel if warranted)
- People v. Taylor, 237 Ill.2d 68 (2010) (clarifies Krankel inquiry scope; to assess specificity of claim)
- People v. Pence, 387 Ill.App.3d 989 (2009) (remands for factual basis of ineffectiveness claim)
- People v. Moore, 207 Ill.2d 68 (2003) (Moore: some inquiry required; not automatic appointment of counsel)
- People v. Serio, 357 Ill.App.3d 806 (2005) (remand for limited Krankel inquiry when needed)
- People v. Bolton, 382 Ill.App.3d 714 (2008) (bare claim of ineffectiveness warrants some inquiry)
- People v. Radford, 359 Ill.App.3d 411 (2005) (ex parte letter insufficient to raise claim; demonstrates need for inquiry if substantial)
- People v. Ward, 371 Ill.App.3d 382 (2007) (requires some specificity to trigger Krankel inquiry)
- People v. Johnson, 159 Ill.2d 97 (1994) (minimum requirements for triggering inquiry )