People v. Marcus

Defendant appealed from the circuit court’s dismissal of his post-conviction petition after a third-stage evidentiary hearing, arguing that the trial court’s dismissal was an error because he made a substantial showing that he was denied the effective assistance of counsel. The appellate court affirmed, finding that defendant did not establish that trial counsel was deficient when he counseled defendant regarding the risk of pursuing an insanity defense at trial instead of pleading guilty but mentally ill. (JORGENSEN and SCHOSTOK, concurring)