Illinois Supreme Court
Criminal Court
Fitness
Where defense counsel is convinced, and the evidence clearly indicates,that Defendant is unfit to stand trial, defense counsel is not constitutionally obligated to argue for a finding of fitness in deference to Defendant's wishes. If defense counsel were to argue for finding of fitness in such case, counsel would violate duty to client and would suborn violation of due process. (GARMAN, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)