People v. Smith

Petitioner appealed the second-stage dismissal of his post-conviction petition and sought to have his petition remanded for second-stage proceedings because the attorney appointed to represent him at the hearing on the State’s motion to dismiss did not independently demonstrate compliance with SCR 651(c) although prior appointed counsel had filed a Rule 615(c) certificate. The Supreme Court affirmed the judgment of the appellate court and trial court, finding that Rule 651(c) does not require that every attorney who represents a post-conviction petitioner show compliance with the rule. (ANNE M. BURKE, THEIS, NEVILLE, MICHAEL J. BURKE, OVERSTREET, and CARTER, concurring)