People v. Williams

This case presents question as to whether trial court properly dismissed as being without merit defendant’s petition for post-conviction relief that had been filed by defendant’s retained post-conviction counsel. Appellate Court, in remanding matter back to trial court where new counsel can act on behalf of defendant, found that defendant’s post-conviction counsel rendered unreasonable assistance of counsel, where: (1) basis of state’s motion to dismiss post-conviction petition was allegation that defendant had failed to present allegation in petition that he would not have pleaded guilty to underlying offense but for trial counsel ineffectiveness; (2) post-conviction counsel failed to file response to said motion or adequately address state’s argument in hearing on state’s motion; and (3) post-conviction counsel’s pleading failure prevented Appellate Court from determining whether defendant suffered prejudice as result of post-conviction counsel’s unreasonable assistance. In its petition for leave to appeal, State argued that Appellate Court improperly held that defendant need not show prejudice to establish unreasonable assistance of post-conviction counsel claim.