By Stephen Joyce
An Illinois appeals court overturned a ruling allowing a convicted criminal to file a late appeal because the defendant failed to prove his lawyer’s assistance was deficient.
Defendant Darius Moore filed a petition for post-conviction relief, which in part claimed his trial counsel was ineffective because he didn’t advise Moore of the right to appeal the conviction and sentence. The appeals panel said the trial court erred in granting the petition because the judge had properly advised Moore of his right to appeal at sentencing, and that Moore’s lawyer didn’t have to repeat that to his client.
A three justice …
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