Defendant was convicted of predatory criminal sexual assault and was sentenced to 40 years in prison. Defendant filed a pro se post-conviction petition and was appointed post-conviction counsel. Defendant then filed a pro se objection to post-conviction counsel’s Rule 651(c) certificate. The trial court denied defendant’s petition and declined to consider petitioner’s objection. Defendant appealed, arguing that this violated his right to procedural due process. The appellate court affirmed, finding that due process did not require the trial court to counsel to consider defendant’s objection to his counsel’s performance because defendant would have the opportunity to raise any complaints regarding representation on appeal. (HOWSE and McBRIDE, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act