People v. Coaxum

Defendant appealed from the dismissal of his post-conviction petition at the first stage, arguing that the cause should be remanded for further second-stage proceedings where privately-retained counsel failed to file a certificate pursuant to SCR 651(c) and failed to amend the defendant’s pro se petition. The appellate court reversed and remanded, finding that post-conviction counsel failed to file the required certificate and that it could not determine from the record that counsel fulfilled his duties under the rule. (PETERSON, concurring and BRENNAN, specially concurring)