People v. Hatter

This case presents question as to whether trial court properly entered summary dismissal of defendant’s pro se petition for post-conviction relief that asserted that his trial counsel was ineffective for not raising viable defense in two criminal sexual assault charges to which defendant had pleaded guilty. Defendant asserted that he was actually innocent of said charges because he was not “family member” and had not resided in same household as victim for 6-month period prior to assaults. Appellate Court, in affirming instant dismissal, found that defendant had failed to show any prejudice arising out of trial counsel’s performance because defendant could not demonstrate that he would have pleaded not guilty to instant charges and insisted on going to trial, where: (1) defendant failed to state in his petition or affidavit that he would not have pleaded guilty to said charges in absence of counsel’s deficient performance; (2) defendant was charged with nine counts of sexual assault, six of which did not involve family member defense; and (3) defendant did not claim that he would have succeeded on any of said six counts that were nol-prossed by prosecutor as part of instant plea deal.