People v. Nesbitt

3 Citing cases

  1. People v. Perkins

    2024 Ill. App. 221285 (Ill. App. Ct. 2024)

    has provided reasonable assistance." Nesbitt, 2023 IL App (1st) 211301, ¶ 37 (citing Greer, 212 Ill.2d at 205, Custer, 2019 IL 123339, ¶ 32, People v. Turner, 2023 IL App (1st) 191503, ¶ 30).

  2. People v. Samuels

    2024 Ill. App. 220911 (Ill. App. Ct. 2024)

    Defendant fails to overcome the presumption of reasonable assistance here where defendant fails to identify any defect counsel needed to remedy for an adequate presentation of his claim. "Counsel need not amend the petition or every claim; counsel may conclude that the claim is already adequately addressed or that a claim is frivolous and undeserving of further amendment (emphasis added)." People v. Nesbitt, 2023 IL App (1st) 211301, ¶ 37; see also People v. Turner, 2023 IL App (1st) 191503, ¶ 38 ("nothing in the record on appeal contradicts counsel's certificate asserting that there were no amendments necessary for adequate presentation of petitioner's claims"); People v. Diggins, 2018 IL App (3d) 150645-U, ¶ 31 ("counsel was not required to amend the petition to include those facts because those facts were already set forth in the petition").

  3. People v. Velasquez

    2024 Ill. App. 231046 (Ill. App. Ct. 2024)

    , the determination of whether counsel acted reasonably by not filing an amended petition rests upon whether the claims in defendant's postconviction petition had merit. People v. Nesbitt, 2023 IL App (1st) 211301, ¶ 42; see also People v. Bolden, 2024 IL App (1st) 171479-UB, ¶¶ 37, 43-44 (holding that the merits of pro se claims are relevant in determining whether a defendant has rebutted the presumption of reasonable assistance and distinguishing Addison, 2023 IL 127119); Ill. S.Ct. R. 23(e)(1) (eff. Feb. 1, 2023) (nonprecedential orders entered on or after January 1, 2021, may be cited for persuasive purposes).