People v. Terry

Illinois Appellate Court
Criminal Court
Res Judicata
Citation
Case Number: 
2012 IL App (4th) 100205
Decision Date: 
Tuesday, January 31, 2012
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
COOK
Appellate Defender properly allowed to withdraw as counsel on appeal because any request for review would be frivolous and without merit. Defendant's claims were raised, or could have been raised, on direct appeal and/or in habeas corpus petition. Failure to attach notarized affidavit to postconviction petition is not proper reason to summarily dismiss petition at first stage. Court is not required to make analysis of whether petition is frivolous once it has determined that claim is barred by res judicata. (TURNER and POPE, concurring.)