Illinois Supreme Court

People v. Smith

May 19, 20222022 IL 126940

Summary

The Illinois Supreme Court held that a successor attorney who assumes representation during second-stage postconviction proceedings after predecessor counsel has validly complied with Rule 651(c) need not independently file a new certificate or repeat the rule's required duties. Because predecessor counsel's certificate created a rebuttable presumption of reasonable assistance, and the successor attorney's remaining role was limited to arguing against the motion to dismiss, the court affirmed the dismissal and denied a remand. The opinion contains no separate writings.