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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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