People v. Csaszar
2017 IL App (1st) 100467-B
| Ill. App. Ct. | 2017Background
- In 1999 Csaszar paid an undercover agent (Shaffer) $500 to kill Monica Crisan after she had previously accused him of pulling a gun; police arrested him and he was charged with solicitation of murder for hire.
- After a bench trial the court found Csaszar guilty; he was sentenced to 30 years and the conviction was affirmed on direct appeal.
- In 2007–2008 Csaszar retained private counsel to prepare a postconviction petition; Csaszar had earlier drafted a petition alleging the State tampered with the surveillance videotape and that he tried to back away from the deal.
- Retained postconviction counsel filed a petition alleging mental-health/fitness and ineffective-assistance-of-trial-counsel claims but omitted the videotape-tampering allegation after reviewing the tape and concluding the claim was meritless.
- The trial court granted the State’s motion to dismiss the postconviction petition without a hearing. On appeal Csaszar argued only that his privately retained postconviction counsel failed to provide the constitutionally reasonable level of assistance required.
- On remand following People v. Cotto, the appellate court applied the reasonable-assistance standard to privately retained postconviction counsel and affirmed dismissal, holding counsel reasonably investigated and did not pursue meritless videotape-tampering claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether privately retained postconviction counsel must provide a reasonable level of assistance | State: initially argued no constitutional or statutory obligation for courts to ensure reasonable assistance by privately retained counsel | Csaszar: Cotto requires the reasonable-assistance standard apply equally to retained counsel and courts must remedy failures | After Cotto, the court applied the reasonable-assistance standard to retained counsel and proceeded to evaluate counsel’s performance |
| Whether Csaszar’s retained counsel failed to provide reasonable assistance by not pursuing the videotape-tampering claim | State: counsel reviewed the tape, concluded the tampering claim was meritless, and complied with Rule 651 duties | Csaszar: counsel should have further investigated or included the tampering allegation; omission amounted to inadequate representation | Court held counsel reasonably investigated (consulted client/family, reviewed record and tape), properly omitted frivolous tampering claim, and therefore provided reasonable assistance; dismissal affirmed |
Key Cases Cited
- People v. Cotto, 2016 IL 119006 (Ill. 2016) (applies the reasonable-assistance standard to privately retained postconviction counsel)
- People v. Pendleton, 223 Ill. 2d 458 (Ill. 2006) (describes duties of postconviction counsel: consult defendant, examine record, amend petition as needed)
- People v. Kegel, 392 Ill. App. 3d 538 (Ill. App. Ct. 2009) (discussed obligations of retained counsel prior to Cotto)
- People v. Csaszar, 375 Ill. App. 3d 929 (Ill. App. Ct. 2007) (appellate decision affirming the underlying conviction)