Failure of the Record to Reflect Lawyer's Review
In People v. Alexander, 197 Ill. App. 3d 571, 554 N.E.2d 1078, 144 Ill. Dec. 39 (1990), as well as People v. Brown, 52 Ill. 2d 227, 287 N.E.2d 663 (1972), and People v. Jones, 43 Ill. 2d 160, 251 N.E.2d 218 (1969), there is clear indication that had counsel in those cases been in substantive compliance, it may well have effected the subsequent outcome.
For example, in Alexander, the court was concerned by the failure of the record to reflect counsel's review of the record when he failed to counter the State's arguments based on the trial evidence and trial proceedings. Alexander, 197 Ill. App. 3d at 573, 554 N.E.2d at 1079.
And, in Brown, the court suggested that postconviction counsel might have discovered that some of the fourth amendment claims alleged by the petitioner were not barred by res judicata or waiver, as alleged by the State, had he reviewed the trial record. Brown, 52 Ill. 2d at 230, 287 N.E.2d at 665.