Defendant was convicted, after jury trial, of 2 counts of home invasion; on appeal, one conviction and sentence were vacated. Successor judge properly sua sponte dismissed Defendant's postconviction petition. No evidence or allegations of "judge shopping", and prior judge's ruling was not one that involved exercise of discretion. Record amply supports successor judge's ultimate determination that prior judge's partial denial of State's motion to dismiss was erroneous. Defendant's postconviction petition was insufficient to make a substantial showing that his trial counsel was ineffective for failing to introduce medical records and medical testimony at hearing on his motion to suppress. Defense counsel's strategy as to what evidence to present was sound.(KNECHT and CAVANAGH, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions