2011 IL App (2d) 100014
Ill. App. Ct.2011Background
- Komes charged with six counts of predatory criminal sexual assault of a child involving two victims.
- Postconviction petition filed; counsel appointed after court found petition not subject to first-stage dismissal.
- Counsel sought leave to withdraw under Greer; court granted withdrawal and dismissed petition on State's motion; defendant appealed.
- Greer issue: whether withdrawal complied with Rule 651(c) and whether the record showed all claims were frivolous.
- Counsel appearances described but court-records showed no clear Rule 651(c) compliance or explicit development of all claims; Emerson withdrew.
- Court vacated dismissal and remanded to require Rule 651(c) compliance and that any withdrawal show frivolity of every claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did counsel's Greer withdrawal comply with Rule 651(c)? | Komes | Komes | Record lacked proper Rule 651(c) compliance; remand required |
| Was the dismissal proper given deficient withdrawal motion under Greer? | Komes | Komes | Cannot affirm dismissal without proper Rule 651(c) compliance; vacate and remand |
Key Cases Cited
- People v. Greer, 212 Ill.2d 192 (2004) (set standards for postconviction counsel withdrawal and Rule 651(c) compliance)
- People v. Johnson, 154 Ill.2d 227 (1993) (presumption to obtain affidavits and amend petitions when necessary)
- People v. Waldrop, 353 Ill.App.3d 244 (2004) (counsel’s duty to seek necessary affidavits and adequate evidentiary support)
- People v. Davis, 156 Ill.2d 149 (1993) (counsel’s duty to ascertain petitioner's claims and amend as needed)
- People v. McNeal, 194 Ill.2d 135 (2000) (ethical duties of counsel in postconviction proceedings)