Defendant pled guilty to one count of aggravated participation in methamphetamine manufacturing.Defendant filed pro se petition for relief from judgment, and then a pro se postconviction petition. Court allowed appointed counsel to withdraw, then appointed a new public defender who court also allowed to withdraw. Court then granted State's motion to dismiss. Court's ruling deprived Defendant of his statutory right to reasonable assistance of postconviction counsel. Before a court may grant an attorney's motion to withdraw and require defendant to proceed pro se against a State motion to dismiss, court must evaluate counsel's assertions and make its own determination that petition is frivolous and patently without merit.(MOORE and OVERSTREET, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel