People v. Cotto

Defendant appealed second-stage dismissal of his postconviction petition, claiming that his privately retained postconviction counsel failed to provide him reasonable assistance with his petition because he failed to contest the State's assertion that the untimely filing of his petition was due to his culpable negligence. Although a pro se defendant had a right to reasonable assistance from appointed counsel, State is not required to provide reasonable assistance of counsel for any petitioner able to hire his own postconviction counsel, and thus Defendant failed to state a cognizable claim for relief. Here, private counsel's performance was not so deficient that he failed to provide reasonable level of assistance, and his argument appears to have been the best option available.(HYMAN, concurring; PUCINSKI, dissenting.)