People v. Elken

At hearing on Defendant's second successive postconviction petition, Defendant's counsel stated that Defendant's contentions had no merit, but counsel filed no motion to withdraw and gave Defendant no notice of intent to withdraw. If appointed counsel finds that a defendant's claims are frivolous, his obligation is to seek to withdraw, not to confess State's motion to dismiss. Defendant should be given opportunity to prepare for attack on his petition and to make any arguments in rebuttal. (HOLDRIDGE and McDADE, concurring.)