People v. Thomas

This case presents question as to whether defendant asserted gist of viable constitutional claim in his post-conviction petition, alleging that his appellate counsel was ineffective for failing to argue that trial court erred in excluding testimony regarding minor’s conversation with chaplain that arguably contained minor’s confession to underlying murder charge, where chaplain had indicated willingness to reveal substance of said conversations. Appellate Court, in reversing trial court’s first-stage dismissal of post-conviction petition, found that defendant adequately stated gist of constitutional claim, and that trial court in underlying murder trial had erred in barring testimony regarding minor’s conversation with chaplain on grounds that said conversations were privileged where: (1) although minor attempted to assert privilege by objecting to chaplain testifying to substance of his conversations with chaplain, chaplain indicated willingness to give such testimony; (2) under section 8-803 of Code of Civil Procedure, burden then shifted to minor to show that chaplain’s disclosure was prohibited by rules of his religion; and (3) chaplain testified that rules of his religion did not prohibit disclosure of contents of minor’s conversation, and minor did not offer any contrary evidence on said topic.