Can ''Unsworn Claims'' In Court Be An Independent Basis to Deny Request for a New Trial ?
In People v. Brandon, 157 Ill. App. 3d 835, 510 N.E.2d 1005, 109 Ill. Dec. 937 (1987), on the date set for the defendant's sentencing, and after defense counsel had filed and unsuccessfully argued the defendant's motion for a new trial, the defendant presented the trial court with a written motion containing pro se allegations of counsel's ineffectiveness. Brandon, 157 Ill. App. 3d at 844, 510 N.E.2d at 1011.
The trial court stated it would stand on its prior ruling denying the posttrial motion presented by counsel. Brandon, 157 Ill. App. 3d at 840, 510 N.E.2d at 1008.
On appeal, this court affirmed the trial court's dismissal of the defendant's claims without appointing counsel. Brandon, 157 Ill. App. 3d at 844-45, 510 N.E.2d at 1011.
The court noted that the defendant's allegations of inadequate representation were unsworn, which it found to be an independent basis to deny the defendant's request for a new trial on the basis of factual allegations that were not included in the record. Brandon, 157 Ill. App. 3d at 845, 510 N.E.2d at 1011.