Jamison, N. Please support our work with a donation. Sharon M. Sullivan, Judge, presiding. Judgment Remanded; dismissal vacated; fines and fees order modified. Counsel on Michael J.
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Anita M. Justices Neville and Simon concurred in the judgment and opinion. On appeal, defendant contends that his appointed postconviction counsel provided unreasonable assistance under Illinois Supreme Court Rule c eff. For relief, defendant requests remand for compliance with Rule c. By order dated August 27, , we withdrew our Rule 23 order and granted the State leave to respond to the petition for rehearing.
On September 10, , the State filed its response and defendant thereafter filed a reply. Further, we order modification of the fines and fees order.
People v. Blanchard, No. In brief, Michael Malachowsi testified at trial that on February 7, , at about a. The victim complied, ran from the scene, and then called the police. The card, which was later determined to be a credit card, belonged to the victim.
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Later that afternoon, the victim identified defendant in a lineup. Krankel, Ill. Defendant attached to his petition portions of trial transcripts, selections from police reports, a photocopy of a lineup photograph, and letters to him from his appellate counsel. At the next appearance, postconviction counsel informed the court that she had read the appellate briefs and mandates and had ordered the common law records, report of proceedings, and trial file.
About four months later, in August , counsel wrote defendant a letter informing him that she would not be amending his petition to substantiate his claims. Defendant also noted that while counsel had written to him that the card was returned to the victim, the card had actually been submitted as an exhibit at trial. Defendant concludes that because postconviction counsel failed to examine the exhibits, remand for compliance with Rule c is required.
Perkins, Ill. To ensure this level of assistance, Rule c imposes three duties on appointed postconviction counsel. Pendleton, Ill. Greer, Ill. Substantial compliance with the rule is sufficient.
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