People v. Schlosser

Illinois Appellate Court
Criminal Court
Unreasonable Performance by Appointed Counsel
Citation
Case Number: 
2017 IL App (1st) 150355
Decision Date: 
Friday, June 23, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Reversed and remanded with directions.
Justice: 
Gordon

Defendant filed a pro se petition for post-conviction release, and Court appointed counsel to help him with his petition. Counsel filed a Rule 651(c) certificate, but did not amend Defendant’s pro se petition. Court dismissed the petition because its claims were conclusory and legally insufficient. Defendant appealed the dismissal, and Appellate Court held that counsel’s performance was unreasonable and amounted to a total failure of representation. Appellate Court remanded the case to allow Defendant to amend his petition. On remand, Court appointed the same counsel and dismissed the petition again, and Defendant appealed. Court erred by reappointing the same counsel after a finding that his representation was unreasonable. Additionally, counsel was ineffective again during the second proceedings. Thus, remand was necessary again.