People v. Kirk

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2012 IL App (1st) 101606
Decision Date: 
September 24, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Justice: 
CUNNINGHAM
Holding: 
Reversed and remanded with instructions.
Postconviction counsel rendered unreasonable assistance by failing to amend pro se postconviction petition to include claim of ineffective assistance of appellate counsel raised at hearing on State's motion to dismiss. Court to conduct second-stage evaluation after allowing Defendant leave to amend petition. (HOFFMAN and ROCHFORD, concurring.)