Defendant was convicted, after jury trial, of armed robbery. Defendant filed pro se section 2-1401petition asserting claim of actual innocence. Court denied Defendant' motion for appointment of counsel for his section 2-1401 petition, on grounds that Defendant was not entitled to appointed counsel as this is a civil proceeding.Court dismissed the section 2-1401 petition, and denied Defendant's pro se motion to reconsider the dismissal of the petition. Court abused its discretion in failing to exercise its discretion to appoint counsel in the section 2-1401 proceeding, and record does not conclusively establish that Defendant was not harmed by the error. Appointing counsel for the limited purpose fo amending the motion to reconsider the denial of the section 2-1401 was not sufficient to eliminate any prejudice stemming from court's earlier failure to exercise its discretion. (ZENOFF and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Right to Counsel