People v. Thomas

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2013 IL App (2d) 120646
Decision Date: 
Thursday, June 20, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
Defendant was convicted of aggravated criminal sexual assault. Defendant claimed ineffective assistance of counsel based on court-appointed attorney's failure to comply with Supreme Court Rule 651(c). Attorney appointed to represent Defendant in post-conviction proceeding withdrew on grounds that Defendant's petition was incurably meritless. Defendant then had no further statutory right to counsel, absent unusual circumstances, and had no right to a reasonable level of assistance from subsequently appointed attorney. (McLAREN and BIRKETT, concurring.)