People v. Lesley

Summary

The Illinois Supreme Court considered whether Myron T. Lesley waived or forfeited his statutory right to appointed counsel during postconviction proceedings through his conduct and failure to cooperate with appointed counsel. The court held that Lesley received sufficient warnings and waived his right to counsel by conduct, reversed the appellate court's judgment, and remanded for further proceedings.

Holdings

1. A defendant may waive the statutory right to reasonable assistance of counsel in postconviction proceedings through conduct when the defendant is expressly warned that continued refusal to cooperate with appointed counsel will result in loss of counsel and self-representation.
2. The circuit court did not err by requiring Lesley to represent himself because his repeated refusal to cooperate with appointed counsel and failure to retain private counsel constituted a knowing and intelligent waiver of his statutory right to appointed counsel.
3. The case must be remanded to the appellate court to address Lesley's remaining contention that the circuit court applied an incorrect standard of proof at the postconviction evidentiary hearing.

Questions Presented

1. Whether Lesley knowingly and intelligently waived his statutory right to reasonable assistance of counsel in postconviction proceedings through his conduct.
2. Whether the circuit court erred by requiring Lesley to proceed pro se after appointed counsel withdrew.
3. Whether the circuit court applied an incorrect standard of proof at the postconviction evidentiary hearing.

Disposition

reversed_and_remanded