Alleged Ineffective Assistance of Counsel by Telling the Defendant That He Has No Valid Defense
In People v. Hall, 217 Ill. 2d 324, 841 N.E.2d 913, 299 Ill. Dec. 181 (2005) the defendant filed a postconviction petition alleging that his trial counsel was ineffective for telling him that he did not have a valid defense to the charge of aggravated kidnaping. Hall, 217 Ill. 2d at 334.
The defendant attached to his petition his affidavit, wherein he described two conversations that he had had with his trial counsel concerning his lack of a valid defense.
Although the trial court docketed the petition for further consideration, it subsequently granted the State's motion to dismiss under People v. Collins, 202 Ill.2d 59, 270 Ill.Dec. 1, 782 N.E.2d 195 (2002).
On appeal, the supreme court held that the defendant's petition was not subject to dismissal pursuant to Collins.
The court noted that Collins involved a first-stage dismissal whereas the present case had advanced to the second stage.
The court stated that Collins does not apply "beyond the first stage of the proceedings." Hall, 217 Ill. 2d at 332.