People v. Bush

Defendant appealed from the trial court dismissal of his post-conviction petition at the first stage arguing that dismissal was improper where he set forth an arguable claim that trial counsel provided ineffective assistance by failing to present a witness who would support his claim of self-defense and failing to present available evidence that rebutted the State’s argument that he fled after the shooting to avoid prosecution. The appellate court reversed and remanded for second-stage proceedings, finding that the defendant’s petition met the “low” threshold required to allege ineffective assistance of counsel. (MIKVA and ODEN JOHNSON, concurring)