People v. Turner

Defendant appealed from the trial court’s order granting the State’s motion to dismiss his post-conviction petition arguing that post-conviction counsel failed to provide reasonable assistance. The appellate court affirmed, finding that defendant could not overcome the rebuttable presumption created by the SCR 761(c) certificate. One justice dissented on the basis that the matter should be remanded for second-stage proceedings on the question of whether defendant was improperly denied the ability to testify on his own behalf. (COGHLAN, concurring and PUCINSKI, dissenting)