People v. Smith

This case presents question as to whether defendant is entitled to remand for additional second-stage proceedings on his petition for post-conviction relief, because his current attorney, who represented him at hearing on State's successful motion to dismiss, did not comply with requirements set forth in Rule 651(c). Appellate Court, in affirming trial court's dismissal of defendant's post-conviction petition, found that defendant's current attorney was not required to independently satisfy duties set forth in Rule 651(c), where defendant's prior counsel had already filed valid Rule 651(c) certificate. Appellate Court further noted that prior counsel had already filed response to motion to dismiss, that it was unnecessary for current counsel to independently consult with defendant to advance his claims, and that defendant failed to rebut presumption of reasonable assistance created by his former counsel's Rule 651(c) certificate.