People v. James

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2023 IL App (1st) 192232
Decision Date: 
Wednesday, April 19, 2023
District: 
1st Dist.
Division/County: 
3d Div./Cook Co.
Holding: 
Affirmed.
Justice: 
BURKE

Defendant was found guilty of first-degree murder and accountability and sentenced to 33 years in prison. Defendant filed a petition for post-conviction relief alleging that his rights to self-representation and a speedy trial were violated and that trial counsel and counsel on direct appeal were ineffective. The trial court dismissed the petition at the second stage and defendant appealed, contending that appointed post-conviction counsel rendered unreasonable assistance because she failed to make necessary amendments and failed to argue against the State’s motion to dismiss. The appellate court affirmed, finding that post-conviction did not render ineffective assistance where she stood on defendant’s pro se motion after finding that there was no evidentiary support to amend it, and that defendant did not make a substantial showing of ineffective assistance of trial counsel. (REYES, concurring and D.B. WALKER, concurring in part and dissenting part)