Lawyers Alleged Failure to Argue That the Police Denied Defendant's Request to Have An Attorney Present During Questioning
In People v. Reed, 298 Ill. App. 3d 285, 698 N.E.2d 620, 232 Ill. Dec. 529 (1998), counsel at trial argued that since the arresting officers failed to give defendant his Miranda warnings, the court should have suppressed any statements he made while at the police station. Reed, 298 Ill. App. 3d at 298.
On appeal, however, defendant contended his counsel was ineffective for failing to argue that the police had denied defendant's request to have an attorney present during questioning. Reed, 298 Ill. App. 3d at 298. the court found no ineffective assistance, noting that "presumably, after interviewing the defendant and other witnesses, counsel determined that defendant did not invoke his right to counsel during any of the interrogation sessions." Reed, 298 Ill. App. 3d at 298.
The court held that "counsel provided reasonable professional assistance by proceeding on the theory that the detectives failed to give defendant Miranda warnings." Reed, 298 Ill. App. 3d at 298.