Illinois Appellate Court
Criminal Court
Postconviction Petitions
Summary dismissal of postconviction petition was error, as attorney representing Defendant in direct appeal failed to file an appellate brief, resulting in dismissal of appeal. If counsel believed he could not raise any issue of arguable merit on appeal, he was ethically obligated to seek leave to withdraw as appellate counsel, or raise some issue in a properly filed appellate brief.(McLAREN and ZENOFF, concurring.)