People v. Patterson

Defendant was convicted, after jury trial, of first degree murder, arson, and concealment of a homicide. Defendant filed pro se postconviction petition and separate pro se section 116-3 motion for new DNA testing. Defendant was denied effective assistance of counsel as his appointed counsel failed to present evidence or make any arguments as to existence of new DNA testing, though counsel had incorporated section 116-3 request in amended postconviction petition and thereby created procedural res judicata bar to successive motion. As court and parties proceeded with section 116-3 motion as if part of amended petition, counsel should have complied with his duties under Post-Conviction Hearing Act and Rule 651. (POPE and KNECHT, concurring.)