Illinois Supreme Court

People v. Smith

May 19, 20222022 IL 126940

Summary

The court held that Rule 651(c) requires compliance by appointed postconviction counsel who shapes the petitioner's pro se claims, but does not require every later-appointed attorney at the second stage to repeat those duties or file a new certificate. Because prior counsel had filed a valid certificate, creating a rebuttable presumption of reasonable assistance, and successor counsel's role was limited to arguing the State's dismissal motion, no remand was required. The court affirmed the appellate court's judgment.