No. 22-6436

Timothy D. Robertson v. Illinois

Lower Court: Illinois
Docketed: 2022-12-30
Status: Denied
Type: IFP
IFP
Tags: due-process effective-assistance-of-counsel post-conviction-petition prior-conviction reversal sentencing sentencing-error sixth-amendment
Latest Conference: 2023-02-24
Question Presented (from Petition)

1). Did Petitioner Robertson Establish and Show "Cause" for filing a Successive Post Conviction Petition by Advancing an Overwhelmingly Substantial "Meritorious Claim", that Upon finding the Petitioner Robertson [Guilty] of first Degree Murder, the [Trial-Court] Weighed Heavily on a Prior Conviction In Sentencing Petitioner-Robertson, to 34 years of Imprisonment, and did Petitioner Show 'Cause' for the Purpose of the [Cause and Prejudice Test].

2). Did Petitioner Robertson Establish and Show the violation of his Sixth-Amendment Right to Effective Assistance Of Counsel by way of ("Performance and Prejudice Prong") of the (Ineffective Assistance of Counsel Doctrine), And did the Constitutional error So infect the Trial and Sentencing that the resulting Conviction and Sentence violates Due Process.

Question Presented (AI Summary)

Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when the trial court failed to conduct a hearing on the petitioner's claim of ineffective assistance of counsel, and whether the petitioner's due process rights were violated when the trial court sentenced him based on a prior conviction that was subsequently reversed

Docket Entries

2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2022-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2023)

Attorneys

Timothy D. Robertson
Timothy D. Robertson#R52633, Petitioner