People v. Lewis
2022 IL App (1st) 192476-U
| Ill. App. Ct. | 2022Background
- Terrell Lewis filed a pro se postconviction petition alleging, among other claims, that trial counsel was ineffective for failing to investigate and interview Leon Cooks as a potential defense witness about the firearm and the credibility of witness Hanson.
- Postconviction counsel filed an Illinois Supreme Court Rule 651(c) certificate stating she consulted with Lewis, reviewed the trial record and discovery, could not access trial counsel’s file (disbarred), and concluded no amendment was necessary.
- The State moved to dismiss; the circuit court granted dismissal of the failure-to-investigate claim (calling the idea that Cooks would help the defense "unreasonable") and left one unrelated claim for further litigation.
- Lewis appealed the dismissal of his postconviction claim, arguing postconviction counsel provided unreasonable assistance by failing to investigate and procure an affidavit from Cooks.
- The appellate court evaluated the claim under the reasonable-assistance standard (not Strickland), noting that a Rule 651(c) certificate creates a rebuttable presumption that counsel acted reasonably.
- The court affirmed: Lewis failed to rebut the presumption because the record shows counsel investigated, Lewis did not show what Cooks would say or that Cooks was available/willing, and counsel had no obligation to pursue meritless leads.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether postconviction counsel provided unreasonable assistance by not investigating Leon Cooks | Counsel filed a Rule 651(c) certificate and thus is presumed to have reasonably investigated; dismissal proper | Counsel failed to contact Cooks or procure an affidavit and thus gave unreasonable assistance | Held for State: presumption from Rule 651(c) stands; Lewis failed to rebut it |
| Whether Lewis met his burden to rebut the presumption of reasonable assistance created by the 651(c) certificate | Presumption unrebutted because the certificate detailed communications and record review; no record evidence counsel acted unreasonably | Lewis points to absence of an affidavit and asserts counsel didn’t explain lack of investigation | Held for State: Lewis offered no evidence that counsel acted unreasonably or that Cooks was available or would give helpful testimony |
| Whether the absence of a Cooks affidavit alone proves unreasonable assistance (relying on Enis) | The State contends absence of affidavit is not dispositive given the presumption and counsel’s certificate | Lewis relies on People v. Enis to argue an affidavit was necessary to support the claim | Held for State: Enis does not require an affidavit in all cases; even if an affidavit helps, Lewis still bore the burden to rebut the presumption and did not do so |
Key Cases Cited
- People v. Fuller, 187 Ill.2d 1 (1999) (jurisdictional principles for postconviction proceedings)
- People v. Enis, 194 Ill.2d 361 (2000) (discusses use of affidavits to support failure-to-investigate claims)
- People v. Greer, 212 Ill.2d 192 (2004) (postconviction counsel need not amend to pursue meritless claims)
- People v. Harris, 224 Ill.2d 115 (2007) (defendant may litigate direct appeal and postconviction claims simultaneously)