People v. Custer

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2018 IL App (3d) 160202
Decision Date: 
Tuesday, February 6, 2018
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded with directions.
Justice: 
McDADE

A Krankel-like procedure for preliminary inquiry should apply to situations where a defendant makes a claim of unreasonable assistance of postconviction counsel at 3rd stage of proceedings. Defendant does not have a constitutional right to effective assistance of counsel during postconviction collateral proceeding. A defendant is guaranteed only the "reasonable" assistance of appointed counsel during postconviction proceedings. An inquiry into defendant's pro se claim of unreasonable assistance permits court to determine if new counsel needs to be appointed to avoid any conflict.(HOLDRIDGE and O'BRIEN, concurring.)