People v. Addison

This case presents question as to whether defendant is entitled to remand for new consideration of his petition for post-conviction relief, where defendant claimed that his appointed post-conviction counsel provided unreasonable assistance that led to forfeiture of his post-conviction claims and dismissal of his petition. Appellate Court, in remanding case with directions to appoint new counsel and to allow defendant to replead his post-conviction petition, found that defendant’s post-conviction counsel failed to allege ineffective assistance of appellate counsel, and thus allowed said claims to be forfeited. Moreover, Appellate Court noted that while there is no constitutional right to assistance of counsel in post-conviction proceedings, instant post-conviction counsel failure to allege appellate counsel’s ineffectiveness, especially where it was properly alleged in defendant’s pro se petition, was patently unreasonable. It also found that post-conviction counsel’s failure to overcome forfeiture of defendant’s claims was itself “palpable prejudice.”