People v. Custer

Summary

The court held that the preliminary inquiry procedure used for pro se claims of ineffective assistance of trial counsel does not extend to claims that postconviction counsel provided unreasonable assistance. It rejected the State's mootness argument because the prior hearing did not adequately consider the defendant's claim, but concluded that the statutory nature of postconviction counsel, limited counsel duties, resource concerns, and the interest in finality did not justify extending the procedure. The appellate judgment was reversed and the cause was remanded for consideration of other unresolved issues.