People v. Tucker

Defendant filed pro se postconviction petition. Appointed counsel filed amended postconviction petition, alleging ineffective assistance of trial and appellate counsel. Allegations in petition and supporting record, as to defense counsel's inability to introduce evidence and counsel's other errors make a substantial showing that counsel's representation was deficient and that this deficient performance may have resulted in unfair prejudice.Thus, Defendant is entitled to 3rd-stage evidentiary hearing. (CHAPMAN and BARBERIS, concurring.)