People v. McNeal

PRESIDING JUSTICE MANNING

delivered the opinion of the court:

Petitioner, Robert McNeal Jr., appeals the circuit court’s dismissal of his post-conviction petition, contending that: (1) he was entitled to a hearing and the appointment of counsel on his post-conviction petition pursuant to section 122 — 2.1 of the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1985, ch. 38, par. 122 — 2.1); (2) section 122 — 2.1 contradicts Supreme Court Rule 651(e) (107 Ill. 2d R. 651(c)), and thus violates the doctrine of separation of powers; (3) due process requires the appointment of counsel to indigent…