Three years after pleading guilty to 1st-degree murder, Defendant filed pro se postconviction petitions, alleging that trial counsel was ineffective for failing to file motion to suppress his confession to police. After circuit court dismissed petition as frivolous and patently without merit, appellate court reversed and remanded for appointment of new counsel to amend his pro se postconviction petition. Court erred in granting postconviction counsel's motion to withdraw. Because postconviction counsel did not address actual argument made by Defendant in his pro se petition, motion to withdraw did not meet standard requiring the motion contain explanation why all claims set forth in petition are so lacking in legal and factual support as to compel withdrawal from case. (CARTER and O'BRIEN, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions