People v. Jones

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2011 IL App (1st) 092529
Decision Date: 
Friday, August 5, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
GARCIA
Defendant filed postconviction petition which was dismissed at second stage. Defendant claimed that counsel failed to examine three pro se petitions filed, and thus failed to comply with Rule 651(c). Rule 651(c) certificate need not be a comprehensive recounting of all efforts of postconviction counsel, and failure to explicitly list certain items does not undermine presumption of compliance. No ineffective assistance of counsel in failure to object to prosecutor's argument and some evidence about murder victim's widow and children, as it was not overly emphasized so that jury would have considered it as evidence of Defendant's guilt. (CAHILL, concurring; R.E. GORDON, dissenting.)