People v. Quezada

Defendant appealed from the judgment of the circuit court dismissing his successive post-conviction petition at the second stage. Defendant argued on appeal that his post-conviction counsel provided unreasonable assistance by failing to amend his pro se petition to address procedural bars to his claim. The appellate court, in its second consideration of this issue, found that post-conviction counsel was not unreasonable for failing to amend the petition because counsel argued at the hearing on the State’s motion to dismiss that the procedural bars did not apply to the defendant’s claim and because the trial court in its ruling correctly concluded that defendant’s claims were not procedurally barred. (McLAREN and SCHOSTOK, concurring)