People v. Niffen

Court erred in dismissing, at first stage, Defendant's postconviction petition alleging ineffective assistance of counsel. In postconviction petition and in his affidavit, Defendant describes the substance of his letter to defense counsel, requesting that he withdraw his guilty plea and he states he sent the letter to defense counsel that that defense counsel responded. A purported copy of the letter would not have been objective or independent corroboration, and thus corroboration requirement in Section 122-2 of Postconviction Hearing Act did not justify dismissal of his petition.(DeARMOND and TURNER, concurring.)