2021 IL App (2d) 180966
Ill. App. Ct.2021Background
- Samuel Span was charged with two counts of unlawful delivery of cocaine (1–15 grams, one count within 1000 feet of a park), tried by jury, convicted, and sentenced to 15 years.
- At his first court appearance Span expressed a desire to represent himself; the court questioned his age, education, and legal experience and warned him about procedural/evidentiary pitfalls.
- The court granted Span’s request for self-representation, and during the same hearing informed him of the charges and the minimum and maximum penalties; Span pled not guilty and the case continued.
- On direct appeal the appellate defender did not raise a Rule 401(a) argument; the conviction was affirmed.
- Span filed a postconviction petition alleging appellate counsel was ineffective for failing to argue the trial court violated Illinois Supreme Court Rule 401(a) by accepting his waiver before admonishing him; the trial court dismissed the petition.
- Span appealed the dismissal, arguing the Rule 401(a) violation and ineffective assistance of appellate counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel was ineffective for failing to argue the trial court violated Ill. S. Ct. Rule 401(a) by accepting a waiver of counsel before admonishing Span about the charges and penalties | Counsel’s failure was reasonable because the trial court substantially complied with Rule 401(a); the issue later adopted in Smith was unavailable at the time of direct appeal, so counsel could not be ineffective for not predicting it | The court accepted Span’s waiver before admonishing him about the charges/penalties, violating Rule 401(a); appellate counsel was ineffective for not raising that issue on direct appeal | Affirmed. The court found substantial compliance with Rule 401(a) (admonitions occurred in the same hearing and the waiver was knowing and voluntary); appellate counsel was not ineffective |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes ineffective-assistance-of-counsel standard)
- People v. Easley, 192 Ill. 2d 307 (2000) (applies Strickland to appellate counsel)
- People v. Campbell, 224 Ill. 2d 80 (2006) (substantial compliance with Rule 401 required for valid waiver)
- People v. Wright, 2017 IL 119561 (2017) (upholds substantial compliance despite inaccurate statement of maximum sentence where waiver was knowing and voluntary)
- People v. Glasper, 234 Ill. 2d 173 (2009) (court rules are not mere suggestions)
- People v. Whitfield, 217 Ill. 2d 177 (2005) (postconviction Act allows constitutional challenges)
- People v. Pendleton, 223 Ill. 2d 458 (2006) (second-stage postconviction substantial-showing standard)
- People v. Chatman, 357 Ill. App. 3d 695 (2005) (counsel cannot be faulted for failing to predict later appellate holdings)
- People v. LeFlore, 2015 IL 116799 (2015) (trial court must properly admonish under Rule 401(a) prior to accepting waiver)