Court denied Defendant's postconviction petition at 2nd stage. Record rebuts presumption that counsel fulfilled requirements of Rule 651(c ) because record shows that counsel failed to make necessary amendments to pro se petition to adequately present Defendant's claims, to shape them into proper legal form. Because counsel's amended petition failed to allege specific facts to support its general claims, there was nothing for court to take as true at 2nd stage, and was not in proper legal form, and counsel provided unreasonable level of assistance. Remanded so that postconviction counsel may file a new amended postconviction petition that adequately presents Defendant's claims, and to obtain and submit supporting affidavits and other evidence with petition.(McDADE and O'BRIEN, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions