Legal Opinion · Concurring in part, dissenting in part

People v. Wilk

Illinois Supreme Court

Decided October 20, 1988No. 64738, 64739, 64742, 64744 consPublished

1Concurring in part, dissenting in partJustice Clark

While I agree with the major thrust of the majority opinion, particularly with its crucial decision to regard compliance with Rule 604(d) as mandatory, I cannot also agree with several other aspects of the majority’s holding. As I understand it, the majority holds: (1) that compliance with Rule 604(d) (which requires the defendant who wishes to appeal after a guilty plea to first filé a motion to withdraw the plea) is a condition precedent for appeal after a plea of guilt, and (2) that counsel’s failure to comply with Rule 604(d) may constitute ineffective assistance of counsel, but that (3)…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Cuyler v. SullivanSupreme Court of the United States · 1980
  5. Douglas v. CaliforniaSupreme Court of the United States · 1963

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API