People v. Kuehner

This case presents question as to whether appointed counsel may withdraw from representing defendant in post-conviction petition, where basis for withdrawal was counsel’s assessment that she could not find any flaws in process that defendant had received, and where trial court had previously advanced petition to second stage. Appellate Court, in affirming instant withdrawal, found that counsel had fulfilled any Rule 651(c) duties by consulting with defendant regarding his ineffective assistance of counsel claims and further determined that said claims were frivolous on their merits. Ct. rejected defendant’s argument that fact that petition had advanced to second stage of proceedings meant that trial court had previously found that said claims were not frivolous.