People v. CusterAnnotate this Case
Custer had already been convicted of several crimes when entered an open plea of guilty to unlawful possession of a controlled substance in 2010. Before his sentencing hearing, Custer was arrested again after an attack on a police officer and for possession of a knife while threatening people at a bar. Based on his many convictions involving “crimes of violence,” and being the subject of “a multitude” of protective orders sought by different women, the court sentenced him to six years’ imprisonment for the drug crime. In 2013, Custerer entered a negotiated guilty plea to the charges of aggravated battery of a police officer and unlawful possession of a weapon; the court imposed consecutive sentences of 4½ years and 5 years in prison and dismissed the remaining charges. Custer filed a pro se post-conviction petition, alleging that his private counsel in the 2010 drug case, Hendricks, was ineffective for failing to appeal or move to withdraw his guilty plea as requested. Appointed post-conviction counsel (Snyder) filed a supplemental petition, with four affidavits from Custer and his girlfriend, Colvin. Hendricks acknowledged telling Custer he had a “good chance” of receiving no more than four years in prison but he had explained that entering an open plea would make it difficult to challenge his sentence. He denied that Custer expressed a desire to appeal or withdraw his plea. Before the court entered an order, Custer sent the judge a letter claiming that Snyder failed to provide adequate representation by refusing to call Colvin as a witness. Stating that it found Custer’s testimony totally unbelievable, the court denied relief. After a hearing for which Custer was absent and Snyder appeared but did not present argument, the court denied a motion to reconsider. Custer filed a second post-conviction appeal, arguing the court erred in denying his reconsideration request without conducting a Krankel hearing. The appellate court acknowledged that Krankel has never been extended to post-conviction proceedings, but remanded. The state appealed. The Illinois Supreme Court declined to expand its holding Krankel, which established procedures to protect a pro se criminal defendant’s Sixth Amendment right to effective assistance of trial counsel. Extending those procedures to similar claims of unreasonable assistance by post-conviction counsel in statutory proceedings commenced under the Post-Conviction Hearing Act would be an unwarranted drain on judicial resources.