Defendant, age 25 at time of offense, was charged with 1st-degree murder of 2-year-old daughter of his girlfriend, for bending child backward, causing injuries resulting in her death. Defendant entered guilty plea during 2nd day of jury trial. Court properly denied Defendant's petition after 3rd-stage evidentiary hearing. Trial counsel, who was court-appointed, filed a motion to withdraw during post plea proceedings, stating that she could no longer represent Defendant because she found his allegations as to her performance, in his pro se posttrial motions, to be so repugnant that her continued representation would violate Rule 6.2(c ) of Rules of Professional Conduct. Postconviction counsel was not ineffective, as trial counsel did not have conflict of interest. Court properly dismissed Defendant's section 2-1401 petition for relief from judgment. Letter from trial counsel does not show existence of meritorious claim or defense, but only comments on counsel's expectation that judge would fashion sentence to allow Defendant to resume a positive life. (LYTTON and SCHMIDT, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions