People v. Jones

After unsuccessful direct appeal, Defendant filed pro se postconviction petition.  Court appointed counsel once petition advanced to second stage.Defendant's pro se allegations are sufficient to alert appointed counsel that Defendant's contention encompassed a claim that trial counsel provided ineffective assistance of counsel. Trial counsel argued extensively that omitted statements were necessary to Defendant's defense, but then failed to present them when afforded the opportunity. It was necessary for appointed counsel to either allege facts as to content of statements omitted from redacted videotape or attach evidentiary support to petition, either the entire videotaped statement or affidavit of Defendant as to substance of statements. Thus, record rebuts presumption that appointed counsel provided Defendant with reasonable assistance of postconviction counsel. (LYTTON, concurring; CARTER, dissenting.)