People v. McMillen

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2021 IL App (1st) 190442
Decision Date: 
Monday, May 17, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
COGHLAN

Court granted defense counsel's oral request to withdraw and granted State's motion to dismiss Defendant's postconviction petition in the 3rd stage.  The matter was scheduled for a "final status" hearing and Defendant had no notice that his attorney intended to withdraw or his petition was going to be ruled upon. Court erred in granting motion to withdraw and dismissing postconviction petition. Remanded for further 3rd stage proceedings, including reappointing Cook County Public Defender's Office to represent Defendant. (HYMAN and PIERCE, concurring.)