People v. Cotto, 2016 IL 119006

Defendant Jesus Cotto was convicted of armed robbery after a bench trial and, based on prior Class X convictions, sentenced as a habitual offender to natural life.
Privately retained counsel filed a postconviction petition raising due-process and numerous ineffective-assistance claims and attaching trial transcripts, affidavits, and an envelope postmarked Sept. 4, 2009.
The petition advanced past first-stage review; at second stage the State moved to dismiss, arguing untimeliness (culpable negligence), res judicata, waiver, and that claims were conclusory.
The trial court heard extensive argument, dismissed the petition on the merits, and did not expressly rely on untimeliness.
The appellate court (majority) held the reasonable-assistance standard did not apply to privately retained postconviction counsel (following People v. Csaszar) but alternatively found retained counsel had provided reasonable assistance; a dissent applied People v. Anguiano.
The Illinois Supreme Court held the reasonable-level-of-assistance standard applies to both appointed and retained postconviction counsel, overruled Csaszar on that point, but affirmed dismissal because retained counsel provided reasonable assistance and the trial court decided the claims on the merits.

Issue	Plaintiff's Argument (Cotto)	Defendant's Argument (State)	Held
Whether the Post-Conviction Hearing Act's "reasonable level of assistance" standard applies to privately retained counsel at second-stage proceedings	Retained counsel must be held to the same reasonable-assistance standard as appointed counsel (adopt Anguiano)	State conceded the standard applies to all postconviction counsel	Court: Reasonable-assistance standard applies to both appointed and retained counsel; Csaszar overruled on this point
Whether Cotto's retained postconviction counsel provided a reasonable level of assistance regarding the petition's untimeliness	Counsel inadequately explained the 1.5+ year late filing (only relied on envelope to mother) and thus failed to preserve/fairly present claims	Counsel included affidavits, transcripts, and a timeliness explanation; trial court ruled on merits and did not cite untimeliness	Court: Counsel reasonably assisted Cotto under the Act; no deficiency shown; dismissal affirmed on alternative ground (merits)

Pennsylvania v. Finley, 481 U.S. 551 (1987) (no constitutional right to counsel in postconviction proceedings)
Johnson v. Avery, 393 U.S. 483 (1969) (same principle limiting postconviction counsel rights)
People v. Hardin, 217 Ill. 2d 289 (2005) (Act provides reasonableness standard for postconviction assistance)
People v. Richmond, 188 Ill. 2d 376 (1999) (Rule 651(c) and like treatment of retained vs. appointed counsel duties)
People v. Mitchell, 189 Ill. 2d 312 (2000) (applied reasonable-assistance review to retained counsel)
People v. Owens, 139 Ill. 2d 351 (1990) (reasonable assistance standard in postconviction context)
People v. Perkins, 229 Ill. 2d 34 (2007) (Act provides a "reasonable" level of assistance)
People v. Pendleton, 223 Ill. 2d 458 (2006) (reasonable assistance less than constitutional right to effective counsel)
People v. Edwards, 197 Ill. 2d 239 (2001) (second/third-stage review standards under the Act)