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PEOPLE v. BUCHANAN

No. 2-08-0951.

935 N.E.2d 603 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert BUCHANAN, Jr., Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied October 5, 2010.

Attorney(s) appearing for the Case

Johannah B. Weber , Deputy Defender, and Lawrence J. O'Neill (Court-appointed), Office of the State Appellate Defender, Mt. Vernon, for Robert Buchanan Jr.

Michael J. Waller , Lake County State's Attorney, Waukegan, Lawrence M. Bauer , Deputy Director, Marshall M. Stevens , Barry W. Jacobs , State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice O'MALLEY delivered the opinion of the court:

Defendant, Robert Buchanan, Jr., appeals the dismissal of his postconviction petition filed pursuant to the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2006)). On appeal, defendant contends that the trial court's dismissal of his petition should be reversed and the matter remanded for an evidentiary hearing because he made a substantial showing of ineffective assistance of appellate and trial...

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