People v. Gawlak

This case presents question as to whether trial court properly denied defendant’s post-conviction petition, seeking, among other things, DNA testing under section 116-3 of Code of Criminal Procedure (725 ILCS 5/116-3) of hair and clothing collected by State at issue in his predatory criminal sexual assault conviction, where trial court acted on said petition after denying defendant’s privately-retained counsel's request to enter limited scope appearance under Rule 13(c)(6) to represent defendant on his motion for DNA testing. While trial court, in denying counsel’s request to enter limited appearance, encouraged said counsel to file appearance in post-conviction proceeding, Appellate Court, in reversing denial of defendant’s post-conviction petition, found that trial court’s denial of counsel’s request to enter limited scope appearance was arbitrary and violated defendant’s due process rights. Fact that defendant had other counsel representing him on other pending motions in post-conviction proceeding was irrelevant.