2012 IL App (1st) 092523
Ill. App. Ct.2012Background
- Defendant John Schlosser was convicted of involuntary manslaughter, aggravated battery, aggravated battery of a senior citizen, and two counts of home invasion after a bench trial; he was sentenced to 22 years.
- On direct appeal, the court vacated convictions for aggravated battery, involuntary manslaughter, and one home invasion, affirmed the remaining home invasion and aggravated battery of a senior citizen, sentence left unchanged.
- Schlosser filed a pro se postconviction petition; the second-stage proceedings appointed counsel but the petition was not amended.
- The circuit court dismissed the petition as waived and conclusory; this court initially affirmed but granted rehearing and reversed/remanded.
- Postconviction counsel did not amend to assert ineffective assistance of appellate counsel; this failure is central to the appeal.
- The court remands for a second-stage evaluation after allowing Schlosser to amend the petition to include a claim of ineffective assistance of appellate counsel, following Turner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did counsel’s failure to amend petition to allege ineffectiveness of appellate counsel constitute unreasonable assistance under Rule 651(c)? | People argues amendments were not required; waiver barred claims. | Schlosser argues counsel’s failure to amend prejudiced his presentation and led to dismissal. | Yes; remand for proper amendment required. |
| Should the postconviction petition be remanded for a second-stage evaluation due to deficient counsel? | People asserts no merit; petition properly dismissed. | Schlosser seeks remand to test claims with competent counsel. | Yes; remand to conduct second-stage evaluation. |
| Does Turner require remand when counsel stands on pro se petition but omits essential claims? | People relies on waiver principles. | Schlosser relies on Turner to force amendment. | Yes; remand for amendment and proper presentation. |
Key Cases Cited
- Turner v. People, 187 Ill.2d 406 (1999) (Rule 651(c) duties require amendments to avoid waiver)
- Suarez v. People, 224 Ill.2d 37 (2007) (remand required when counsel inadequately represents under Rule 651(c))
- Johnson v. Williams, 154 Ill.2d 227 (1993) (counsel must adequately present claims; duties under Rule 651(c))
- Perkins v. State, 229 Ill.2d 34 (2007) (overcoming waiver requires proper amendments and presentation)
- Pendleton v. Illinois, 223 Ill.2d 458 (2006) (three-stage postconviction framework and counsel duties)
- People v. Turner, 187 Ill.2d 410 (1999) (illustrates failure to amend petition to include ineffective assistance of appellate counsel)
- People v. Jones, 43 Ill.2d 160 (1969) (premise that inadequate counsel can require remedy even if claims lack merit)
- People v. Boclair, 202 Ill.2d 89 (2002) (guidepost on postconviction proceedings and counsel duties)