Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
(Court opinion corrected 1/20/21.) Defendant was convicted of 2 counts of 1st degree murder. Defendant first filed his postconviction petition 13 years ago. Defendant presented a credible 6th amendment claim in his pro se petition based on his trial counsel's failure to prepare and present his alibi defense. Because postconviction counsel filed a sufficient Rule 651(c) certificate, Defendant was required to and did overcome the presumption that he received reasonable assistance. Postconviction counsel failed to provide reasonable assistance in adequately presenting his claim. Remanded for further 2nd-stage proceedings for which Defendant should be appointed postconviction counsel. (HARRIS and ODEN JOHNSON, concurring.)