People v. Ross

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2015 Il App (3d) 130077
Decision Date: 
Friday, September 18, 2015
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Reversed and remanded.
Justice: 
O'BRIEN
Defendant pled guilty to felony murder and sentenced to 60 years. Defendant was denied reasonable assistance of postconviction counsel, as counsel filed no affidavits or depositions and offered no oral testimony or other evidence to support Defendant's ineffective assistance of counsel claim based on his trial counsel's wrong advice about applicability to Defendant's sentencing of truth-in-sentencing amendments. Postconviction counsel failed to comply with Rule 651(c), in failing to make all necessary amendments to pro se petition.(HOLDRIDGE, concurring; SCHMIDT, concurring in part and dissenting in part.)