Recent plea-bargaining related decisions in the U.S. and Illinois Supreme Courts have complicated the landscape for ineffective-assistance-of-counsel claims brought in the state. With various tests for ineffective assistance now in tension, questions may become more difficult to resolve when such tests can be applied to the same case. In his March 2019 Illinois Bar Journal article, “Would’ve, Could’ve, Should’ve: Ineffective Assistance of Counsel and Plea Bargaining in Illinois,” Nate Niemann traces the developments leading to the U.S. Supreme Court’s decision in Lee v. United States and the Illinois Supreme Court’s in People v. Brown.

Read more in the March issue of the Illinois Bar Journal.