People v. Schlosser

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2012 IL App (1st) 092523
Decision Date: 
Friday, June 15, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Reversed and remanded with instructions.
Justice: 
R.E. GORDON
Postconviction petition counsel's performance was unreasonable as he failed to comply with duties of Rule 651(c), in failing to amend pro se petition to allege ineffective assistance of appellate counsel and to include allegation of prejudice by ineffecitveness of trial and appellate counsel, and allegation that evidence withheld from Defendant by State was material. Counsel's statement during hearing on State's motion to dismiss does not sufficiently amend petition and is below level of reasonable assistance required by Rule 651(c). (GARCIA and PALMER, concurring.)