Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Defendant, who was convicted of robbery and aggravated unlawful restraint, appealed form the circuit court’s second stage dismissal of his pro se petition for post-conviction relief, arguing that he was denied the effective assistance of post-conviction counsel. The appellate court reversed, finding that the record rebutted the presumption that counsel complied with Rule 651(c) because post-conviction counsel failed to amend the pro se petition to include a verification affidavit. (LAVIN and PUCINSKI, concurring)