People v. Ligon

State: Illinois

Docket No: 108855 Rel

Case Date: 11/18/2010

Preview:Docket No. 108855.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS
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THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DENNIS LIGON, Appellant. Opinion filed November 18, 2010.

JUSTICE THOMAS delivered the judgment of the court, with opinion. Chief Justice Kilbride and Justices Freeman, Garman, Karmeier, Burke, and Theis concurred in the judgment and opinion.

OPINION At issue is whether the federal constitution requires appointment of counsel for indigent postconviction petitioners at the summary dismissal stage whenever the appellate court on direct review has declined to address an ineffective assistance of counsel claim because the facts needed to adjudicate the claim are dehors the record and thus cannot be resolved on direct review. For the reasons that follow, we hold that the constitution does not require the appointment of counsel in such cases. Following a jury trial, defendant, Dennis Ligon, was convicted of aggravated vehicular hijacking (720 ILCS 5/18

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