People v. Wise

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2024 IL App (2d) 191139
Decision Date: 
Monday, December 9, 2024
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Vacated and remanded.
Justice: 
HUTCHINSON

Defendant appealed from the dismissal of his post-conviction petition at the second stage of proceedings, arguing that his counsel did not give him reasonable assistance because she added and amended several claims but did not include key information and that this resulted in his claims being dismissed. The State conceded the error but argued that it did not prejudice the defendant. The appellate court vacated and remanded, finding that counsel failed to provide reasonable assistance in preparing the petition and that prejudice was not required. (JORGENSEN, concurring and KENNEDY, specially concurring)