People v. Johnson

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2017 IL App (4th) 160449
Decision Date: 
Friday, March 31, 2017
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
KNECHT

Defendant filed petition for postconviction relief with assistanceĀ of private counsel. Court dismissed petition at 1stĀ stage, and denied Defendant's pro se motion to reconsider, which alleged postconviction counsel provided "ineffective" assistance by failing to raise certain previously requested claims. As the Post-Conviction Hearing Act does not provide prisoner right to counsel at 1st stage, no statutory basis to grant prisoners who have ability to retain counsel the right to reasonable assistance at 1st stage. (TURNER and APPLETON, concurring.)