Defendant was convicted of 2 counts of predatory criminal sexual assault of a child. Court properly denied Defendant’s pro se postconviction petition after 3rd-stage hearing. Rule 651(c ) did not govern counsel’s performance at the 3rd-stage hearing; it is measured by the overarching reasonableness standard, and counsel did meet the reasonableness standard. Counsel complied with Rule 651(c ) at the 2nd stage when he consulted with Defendant, examined the trial, record, and amended the pro se petition as necessary to adequately present Defendant’s claims. Even assuming that Defendant had done poorly in the 5th or 6th grade, Defendant’s educational level was but one factor relevant to whether he knowingly and intelligently waived his Miranda rights. Video of his interrogation confirms that Defendant understood, and knowingly and intelligently waived, his Miranda rights. (BURKE and SCHOSTOK, concurring.)
Illinois Appellate Court
Criminal Court
Miranda Warnings