People v. Thomas

Defendant was convicted, after jury trial, of first-degree murder. Defendant, in his pro se petition and in his appeal from summary dismissal, alleged ineffective assistance of appellate counsel, addressing same underlying subject of confessions of an incarcerated minor to detectives and to police chaplain, and identifying error the ruling excluding chaplain's testimony that minor said to him "I did it."Pro se postconviction petition must be given a liberal construction. Defendant raised gist of a constitutional claim at first stage of postconviction proceedings, in arguing that trial court erred in ruling that minor's confession to chaplain was barred by clergy-penitent privilege. Once chaplain withdrew his objection to testifying, burden shifted to minor to show that disclosure was prohibited by rules of religion, and minor failed to offer such evidence.(SCHOSTOK and BIRKETT, concurring.)