People v. Urzua

This case presents question as to whether trial court properly dismissed defendant’s second petition for post-conviction relief at second stage of proceedings, even though defendant asserted that he did not receive reasonable assistance from his post-conviction counsel, whom he had retained after his appointed attorney had withdrawn pursuant to Greer, 212 Ill.2d 192, and Rule 651(c). Appellate Court, in reversing trial court, found that defendant’s retained counsel had provided unreasonable assistance. In its petition for leave to appeal, government argued that Appellate Court improperly expanded defendant’s limited statutory right to counsel provided by Post-Conviction Hearing Act by finding that defendant was entitled to reasonable assistance from two attorneys he had hired after his appointed counsel was granted leave to withdraw. It further contended that Appellate Court erred in concluding that defendant could hire another attorney after his appointed counsel was granted leave to withdraw.