Downey v. People

In this opinion, we consider the defendant's claim of ineffective assistance of his prior appellate attorney, who was appointed by the trial court as advisory counsel. Generally, a defendant assisted by advisory counsel has elected to represent himself and has waived the right to be represented by an attorney. Because a defendant who has waived the right to counsel has no constitutional right to advisory counsel, he may not ordinarily maintain a claim of ineffective assistance of advisory counsel. However, such a defendant may have a claim for ineffective assistance of advisory counsel if…