People v. Kuehner

(Correcting court designation.) Circuit court erred in granting appointed postconviction counsel's motion to withdraw and dismissing Defendant's postconviction petition. Where a pro se postconviction petition advances to second stage on basis of affirmative judicial determination that petition is neither frivolous nor patently without merit, appointed counsel's motion to withdraw must contain at least some explanation as to why all claims set forth in petition are so lacking in legal and factual support as to compel withdrawal. (GARMAN, FREEMAN, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)