People v. Carson

Defendant appealed from the second stage dismissal of his post-conviction petition, arguing that counsel’s SCR 651(C) certificate failed to raise a rebuttable presumption of compliance because it was unclear whether counsel reviewed necessary portions of the record and that the presumption of compliance was rebutted by the record. The appellate court reversed and remanded for a new second stage proceeding, finding that while it could not determine whether counsel’s performance was unreasonable based on the record the appropriate remedy was to remand. (ODEN JOHNSON and HYMAN, concurring)