People v. Brown

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2016 IL App (4th) 140760
Decision Date: 
Thursday, November 10, 2016
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
APPLETON

Court properly dismissed amended petition for postconviction relief at second stage, as Defendant failed to make substantial showing of a constitutional violation. For purposes of ineffective assistance in context of guilty please, a particular showing of prejudice is required. A bare allegation that but for plea counsel's bad advice, the Defendant would have pleaded differently and would have gone to trial will not establish prejudice. The Defendant must also claim innocence or must identify a plausible defense to the charges.(KNECHT and POPE, concurring.)