People v. DuPree

This case presents question as to whether trial court properly dismissed defendant’s petition for post-conviction relief, alleging that his trial counsel was ineffective for failing to call certain witness, where said petition failed to contain affidavit from said witness. Appellate Court, in affirming trial court, found that dismissal of defendant’s post-conviction petition was proper, since 725 ILCS section 122-2 required that petition include affidavit from witness that indicated substance of witness’s proposed testimony. In his petition for leave to appeal, defendant contended that failure to include witness’s affidavit was not fatal to his post-conviction petition, where other documentation would have supported his ineffective assistance of counsel argument.