People v. Gray

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 101064
Decision Date: 
February 15, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
HOWSE
Holding: 
Vacated and remanded with directions.
Court abused its discretion when it did not properly consider Defendant's request to proceed pro se on his postconviction petition. Defendant made a timely and unambiguous request to represent himself, and could should first determine whether he has knowingly and intelligently relinquished his statutory right to counsel. Defendant's request was not dilatory, as it was made shortly after he had reason to do so, when defense counsel decisively refused to make or endorse the pro se amendments, and he should not be responsible for his counsel's delays in reviewing record and evaluating potential claims. (EPSTEIN and TAYLOR, concurring.)