Court dismissed Defendant's postconviction petition at 2nd stage. Court allowed postconviction counsel to withdraw because Defendant intended to hire a new attorney, not because of counsel's determination that Defendant's claims lacked merit. Thus, counsel's withdrawal did not extinguish Defendant's right to reasonable assistance under the Post-Conviction Hearing Act. The right to appointed counsel attaches at the 2nd stage. A defendant is entitled to reasonable assistance of counsel even when he lacks the statutory right to appointed counsel. Defendant's retained attorneys' failure to obtain a properly notarized affidavit from witness was fatal to his actual-innocence claim, thus showing that they did not provide him reasonable assistance. Witness's signature "under penalty of perjury" was not sufficient to advance petition to the 3rd stage. Record does not indicate retained attorneys made any effort, other than a cursory search, to locate witness and have him execute a proper affidavit. (BRIDGES and BRENNAN, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel