People v. Patterson

Defendant was convicted, after jury trial, of first-degree murder. Defendant's allegations that her attorney, an assistant public defendant, had agreed to move to State's Attorney's Office sometime in future did not create a per se conflict. Postconviction petition alleged only generally that Defendant was denied effective assistance of counsel because her counsel had decided before trial to accept a position with State's Attorney's office; Defendant alleged no specific defect in performance. Thus, court properly dismissed petition, as evidentiary hearing would not have resolved any factual issues. (SCHOSTOK and BIRKETT, concurring.)