PEOPLE v. DILLARD

No. 3-89-0463.

561 N.E.2d 1219 (1990)

204 Ill. App.3d 7

149 Ill.Dec. 523

PEOPLE of the State of Illinois, Respondent-Appellee, v. Phillip DILLARD, Petitioner-Appellant.

Appellate Court of Illinois, Third District.

September 27, 1990.


Attorney(s) appearing for the Case

Timothy M. Gabrielsen (argued), Asst. Defender, Office of State Appellate Defender, Springfield, for Phillip Dillard.

Terry A. Mertel (argued), State's Attys. Appellate Prosecutor, Ottawa, Robert D. Gaubas, Robert D. Gaubas, Ltd., Peoria, for People.


Justice STOUDER delivered the opinion of the court:

The petitioner, Phillip Dillard, appeals from the dismissal of his petition for post-conviction relief. The petition was based on an allegation of ineffective assistance of counsel. The petitioner contends on appeal that dismissal was improper because the issues contained in the petition could not have been raised on direct appeal.

Following a jury trial, the petitioner was convicted of home invasion, rape...

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