In People v. Charles Harris, the Illinois Supreme Court addressed the defendant's claim of ineffective assistance of appellate counsel. The trial court noted that since the matter was still on appeal and there had been no ruling by the Fourth District Appellate Court, it could not determine if the appellate counsel was ineffective. The court also mentioned that many allegations of ineffective assistance of appellate counsel were based on the failure to raise errors allegedly made by trial counsel. Therefore, if trial counsel was not found ineffective, appellate counsel could not be deemed ineffective either People v. Harris, 224 Ill. 2d 115.
The appellate court stayed the appeal pending the resolution of the direct appeal. On October 19, 2004, the appellate court affirmed the defendant's conviction and sentence in the direct appeal. Subsequently, the stay was lifted, and the court decided the appeal from the dismissal of the defendant's postconviction petition on November 17, 2005 People v. Harris, 224 Ill. 2d 115.
The appellate court stayed the appeal pending the resolution of the direct appeal. On October 19, 2004, the appellate court affirmed the defendant's conviction and sentence in the direct appeal. Subsequently, the stay was lifted, and the court decided the appeal from the dismissal of the defendant's postconviction petition on November 17, 2005 People v. Harris, 224 Ill. 2d 115.