People v. Kirkpatrick

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2012 IL App (2d) 100898
Decision Date: 
Tuesday, April 17, 2012
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON
Defendant was convicted, after jury trial, of two counts of threatening a public official. Court properly entered second-stage dismissal of postconviction petition claiming ineffective assistance of counsel. Record does not establish that counsel was unfamiliar with requirements of Post-Conviction Hearing Act. Any deficiencies in counsel's filing were harmless in light of substance of counsel's certificate and representations to trial court. Court sufficiently inquired as to Defendant's wishes for representation, and no per se conflict existed when trial counsel represented Defendant during postconviction proceedings. (McLAREN and BIRKETT, concurring.)