Illinois Supreme Court
Criminal Court
Postconviction Petitions
Defendant was convicted of aggravated vehicular hijacking. Defendant appealed from dismissal of his pro se postconviction petition, and argued ineffective assistance of counsel, maintaining that he had a federal constitutional right to appointment of counsel at first stage of postconviction proceedings. Postconviction proceedings are state statutory procedures in which there is no federal constitutional right to counsel at the summary dismissal stage, even if the proceeding may have been the first real opportunity to raise claims of ineffective assistance of counsel. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)