People v. McCarter

In People v. McCarter, 385 Ill. App. 3d 919, 940, 897 N.E.2d 265, 325 Ill. Dec. 17 (2008), the defendant raised two areas of complaints before the trial judge: "first, his allegation that trial counsel failed to call witnesses who would have provided an alibi for him, and second, his allegation that his trial counsel proceeded with a jury trial despite his wish for a bench trial." McCarter, 385 Ill. App. 3d at 941. The Court found no error in the trial court's denial of the defendant's first complaint, but found the trial court's inquiry into the defendant's complaint concerning his wish for a bench trial was insufficient under Krankel and its progeny. McCarter, 385 Ill. App. 3d at 941-44. The Court remanded the cause to the trial court to clarify the basis for the trial court's implied ruling that the defendant's second claim was "spurious." McCarter, 385 Ill. App. 3d at 944.