People v. Sutherland

Court properly denied Defendant, convicted of 1997 attempted murder, of pro se request to file successive postconviction petition. Prisoners do not have constitutional right to be represented by counsel in postconviction proceedings, even where those proceedings are the first tier of review for ineffective assistance of trial counsel claim. Defendant failed to show cause and prejudice and failed to attach his father's affidavit to his petition, though it was his burden to submit sufficient documentation. Defendant cannot establish that his counsel was unreasonable in calling eight witnesses but not Defendant's father, or that with reasonable probability his father's testimony would have been sufficient to overcome State's competent evidence against him. (EPSTEIN and PUCINSKI, concurring.)