People v. Erickson

I dissent because I believe the defendant is entitled to an evidentiary hearing to prove his allegations of ineffective assistance of counsel; defendant should not be barred from proving his allegations under the doctrine of waiver.

The defendant’s post-conviction petition raises a serious allegation that his trial counsel was ineffective because he failed to discover Weliczko’s allegedly fraudulent and perjured misrepresentation that Weliczko was a trained mental health provider qualified to testify regarding whether defendant suffered from a substantial emotional or mental disability. This…