People v. Frey
Annotate this CaseIn this case, the Illinois Supreme Court reversed the appellate court's decision, affirming the trial court's decision to allow the postconviction counsel to withdraw and to dismiss the postconviction petition. The defendant, Russell A. Frey, was convicted of three counts of predatory criminal sexual assault of a child and sentenced to 50 years in prison. Frey filed a pro se postconviction petition, arguing ineffective assistance of counsel and a proportionate penalties claim. The trial court appointed counsel for Frey, who later moved to withdraw, arguing that Frey had no meritorious claims. The trial court granted the motion to withdraw and dismissed the petition. On appeal, the appellate court vacated and remanded the case, holding that postconviction counsel did not provide reasonable assistance when he failed to address one of Frey's claims. However, the Supreme Court of Illinois held that Frey failed to rebut the presumption of reasonable assistance arising from counsel's Rule 651(c) certificate, and therefore, the motion to withdraw was not deficient. As such, the Supreme Court of Illinois reversed the appellate court's judgment and affirmed the trial court's orders allowing postconviction counsel to withdraw and dismissing Frey's postconviction petition.
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