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PEOPLE v. McNEAL

No. 1-85-2558.

180 Ill. App.3d 988 (1989)

536 N.E.2d 804

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT McNEAL, JR., Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 13, 1989.

Attorney(s) appearing for the Case

Steven Clark and Richard F. Faust, both of State Appellate Defender's Office, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Kenneth T. McCurry and Stephen M. Sutera, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

PRESIDING JUSTICE MANNING delivered the opinion of the court:

Petitioner, Robert McNeal Jr., appeals the circuit court's dismissal of his post-conviction petition, contending that: (1) he was entitled to a hearing and the appointment of counsel on his post-conviction petition pursuant to section 122-2.1 of the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1985, ch. 38, par. 122-2.1); (2) section 122-2.1 contradicts Supreme Court...

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