Legal Opinion

People v. Hernandez

Appellate Court of Illinois

Decided September 5, 1996No. 4-94-0883PublishedCited by 29 opinions

1Opinion of the Court

PRESIDING JUSTICE COOK

delivered the opinion of the court:

Defendant Antonio Hernandez filed a pro se petition for post-conviction relief, alleging, inter alia, that he received ineffective assistance of counsel because his counsel failed to perfect an appeal. The trial court dismissed defendant’s petition as "patently without merit,” pursuant to section 122—2.1(a)(2) of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122—2.1(a)(2) (West 1992)). Defendant appeals, contending that the trial court erred in summarily dismissing his petition. We reverse and remand for appointment of counsel who…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Penson v. OhioSupreme Court of the United States · 1988
  3. Evitts v. LuceySupreme Court of the United States · 1985
  4. People v. WilkIllinois Supreme Court · 1988
  5. People v. RuizIllinois Supreme Court · 1989

10 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. People v. ScullarkAppellate Court of Illinois · 2001
  2. People v. PattonAppellate Court of Illinois · 2000
  3. People v. McClainAppellate Court of Illinois · 2003
  4. People v. AndersonAppellate Court of Illinois · 1997
  5. People v. HernandezAppellate Court of Illinois · 1998

24 more not listed; retrieve them via the Exa API.

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