(DOWNLOAD) "People v. Ford" by Illinois Appellate Court — Third District Reversed and Remanded ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Ford
- Author : Illinois Appellate Court — Third District Reversed and Remanded
- Release Date : January 11, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The petitioner, William J. Ford, was convicted of indecent liberties with a child and attempt rape following a jury trial and sentenced to an indeterminate term of not less than 15 nor more than 25 years' imprisonment on November 9, 1979. Dean Wilson, specially appointed counsel, represented the petitioner at trial. The petitioner, then represented by the appellate defender's office, appealed, and this court vacated the attempt rape conviction and remanded the cause for resentencing. (People v. Ford (1980), 83 Ill. App.3d 57, 403 N.E.2d 512.) Meanwhile, the petitioner had filed a pro se post-conviction petition alleging he was denied his right to effective assistance of counsel because of Wilson's incompetence. Following appointment of counsel, the State filed a motion to dismiss the petition summarily. The court granted the State's motion and offered the following reasons: the petition contained insufficient allegations to merit an evidentiary hearing; several of the allegations were barred by res judicata; and the allegations, if not waived or insufficient, failed to constitute incompetence of counsel. The petitioner now appeals from this order and presents two issues for review: whether the petitioner was denied effective assistance of counsel at the post-conviction proceedings; and whether the court erred in summarily dismissing the post-conviction petition. The petitioner first argues that his post-conviction counsel, Dan O'Bryant, rendered ineffective assistance of counsel by failing to file an affidavit in accordance with Supreme Court Rule 651(c) (Ill. Rev. Stat. 1979, ch. 110A, par. 651(c)), failing to amend the pro se petition, and failing to argue that the petitioner's claim of incompetency of trial counsel was not barred by res judicata.
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