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PEOPLE v. LIGON

No. 108855.

940 N.E.2d 1067 (2010)

239 Ill.2d 94

The PEOPLE of the State of Illinois, Appellee, v. Dennis LIGON, Appellant.

Supreme Court of Illinois.

November 18, 2010.

Attorney(s) appearing for the Case

Michael J. Pelletier , State Appellate Defender, Patricia Unsinn and Alan D. Goldberg , Deputy Defenders, Patrick F. Cassidy , Asst. Appellate Def., of Office of State Appellate Def., of Chicago, for appellee.

Lisa Madigan , Atty. Gen., of Springfield, Anita Alvarez , State's Atty., of Chicago ( Alan J. Spellberg and Michele Grimaldi Stein , Asst. State's Attorneys, of counsel), for the People.

OPINION

Justice THOMAS delivered the judgment of the court, with 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...

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