People v. Palmer, 2017 IL App (4th) 150020

Marcus Darnell Palmer was indicted on six controlled-substance delivery counts, including enhanced offenses for delivery within 1000 feet of a church and public housing.
At trial (July 2012), defense counsel announced the defense would rest and that Palmer would not testify; the court repeatedly admonished Palmer that the decision whether to testify was his alone.
On the record, the court asked Palmer whether counsel had discussed advantages/disadvantages of testifying; Palmer said yes, had no further questions, and agreed he voluntarily elected not to testify; the court accepted the waiver.
A jury convicted Palmer on all six counts; he received concurrent terms (16 and 22 years) and his sentence was previously affirmed on direct appeal.
In November 2014 Palmer filed a pro se postconviction petition claiming ineffective assistance because counsel refused to let him testify despite his contemporaneous requests; the trial court summarily dismissed the petition as frivolous and patently without merit.
On appeal, the Fourth District affirmed, holding Palmer’s claim was positively rebutted by the trial record showing a knowing, voluntary waiver after admonitions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the postconviction petition stated the gist of a constitutional claim that defense counsel denied Palmer his right to testify	The petition is frivolous; the record shows the court admonished Palmer and he knowingly and voluntarily waived his right to testify	Palmer alleged he contemporaneously told counsel he wanted to testify and counsel refused to let him do so, constituting ineffective assistance	Held: Petition dismissed at first stage — allegation positively rebutted by the record showing Palmer knowingly elected not to testify; dismissal affirmed

Strickland v. Washington, 466 U.S. 668 (ineffective assistance requires deficient performance and prejudice)
People v. Hodges, 234 Ill. 2d 1 (postconviction petition survives first-stage dismissal if it arguably shows both deficient performance and prejudice)
People v. Brown, 236 Ill. 2d 175 (claims contradicted by the record may be dismissed at first stage)
People v. Edwards, 197 Ill. 2d 239 (standard for pleading the gist of a constitutional claim in postconviction proceedings)
People v. Youngblood, 389 Ill. App. 3d 209 (failure to contemporaneously assert right to testify can be fatal when record rebuts claim)
People v. Dredge, 148 Ill. App. 3d 911 (decision to testify belongs to defendant; unrebutted claim of denial can state gist of a claim)