People v. Thompson

Illinois Appellate Court
Criminal Court
Postconviction Petition
Citation
Case Number: 
2016 IL App (3d) 150644
Decision Date: 
Wednesday, July 27, 2016
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded with directions.
Justice: 
O'BRIEN

Postconviction counsel failed to provide reasonable assistance because counsel did not obtain and review Defendant's pretrial mental health records to adequately present Defendant's pro se claim that he was unfit to waive his constitutional right to trial counsel. .Defendant's pro se allegations placed counsel on notice of evidence needed to support his claim, and postconviction counsel was obligated to at least attempt to obtain evidentiary support for claims raised in postconviction petition.  (LYTTON and McDADE, concurring.)