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People v. Robinson9/24/2003
le to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 318-19, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2788-89 (1979). If the underlying issue is non-meritorious, the defendant has suffered no prejudice. Rogers, 197 Ill. 2d at 223, citing Enis, 194 Ill. 2d at 377. Normally, appellate counsel's choices concerning which issues to pursue are entitled to substantial deference. Rogers, 197 Ill. 2d at 223, citing People v. Mack, 167 Ill. 2d 525, 532-33 (1995).
In summarily dismissing the post-conviction petition, the trial court indicated that Robinson's petition lacks supporting affidavits and is conclusory. We agree. " he failure to either attach the necessary 'affidavits, records, or other evidence' or explain their absence is 'fatal' to a post-conviction petition (People v. Turner, 187 Ill. 2d 406, 414 (1999)) and by itself justifies the petition's summary dismissal." People v. Collins, 202 Ill. 2d 59, 66 (2002), citing People v. Coleman, 183 Ill. 2d 366, 380 (1998), quoting People v. Jennings, 411 Ill. 21, 26 (1952)). Though Robinson attached copies of certain Chicago police internal progress reports and arrest reports to his petition, those attachments do not provide a satisfactory basis for concluding that the representation he received was ineffective. The contents of the petition, along with Robinson's arguments, fail to overcome the presumption that his representation was competent and that the decisions made amount to matters of strategy. As to the witnesses Robinson claims his trial counsel should have investigated and called to testify, he presents nothing to indicate what that investigation might reveal. Instead, Robinson suggests that " f trial counsel would have interviewed [certain witnesses], such could have lead to potential information that could have been used to impeach the otherwise questionable identification witnesses, Claire and Raliegh McNeal." This is both conclusory and speculative. Robinson also suggests factual and logical discontinuities in the evidence, both testimonial and physical, that he argues rise to the level of reasonable doubt of his guilt. However, Robinson fails to demonstrate with specificity how trial counsel was ineffective as a result of the tactical decisions undertaken. Because of Robinson's failure to properly support his claims, we must agree with the trial court that the petition was defective on its face. Under ordinary circumstances, with such a defective post-conviction petition, summary dismissal would be appropriate.
III.
Despite the deficiencies of Robinson's post-conviction petition, we now turn to the manner by which the petition was handled in the court below. The order of the trial court dismissing the petition was entered by the trial court within the time period instructed by section 122-2.1 of the Post-Conviction Hearing Act. 725 ILCS 5/122-2.1 (West 2000). However, by way of a purely clerical error made by the clerk of the circuit court, a copy of the order of court was not mailed to Robinson in the manner mandated by the applicable statute.
Section 122-2.1 reads, in pertinent part, as follows:
§122-2.1. (a) Within 90 days after the filing and docketing of each petition the court shall examine such petition and enter an order thereon pursuant to this Section.
(2) If the petitioner is sentenced to imprisonment and the court determines the petition is frivolous or is patently without merit, it shall dismiss the petition in a written order, specifying the findings of fact and conclusions of law it made in reaching its decision. Such order of dismissa
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