People v. Nelson

Defendant appealed from the circuit court denial of his petition for post-conviction relief following a third-stage evidentiary hearing. Defendant argued that post-conviction counsel failed to comply with SCR 651(c) during second stage proceedings. The State conceded that post-conviction counsel did not file a Rule 651(c) certificate and that the record did not show that counsel complied with the rule’s requirements. The appellate court disagreed that reversal was necessary and affirmed, explaining that reversal was not required where the record showed that subsequent post-conviction counsel complied with the rule. (BOIE and McHANEY, concurring)