The People of the State of Illinois, Appellee and Cross-Appellant v. Raymond Brown, Appellant and Cross-Appellee

Summary

The court held that Brown’s pro se postconviction petition was improperly summarily dismissed because its allegations and supporting materials arguably established both deficient performance and prejudice from counsel’s failure to request a fitness hearing. The petition had an arguable factual and legal basis, and the trial record did not positively rebut its allegations at the first stage. The court therefore reversed the dismissal, affirmed vacatur of the filing fees and costs, and remanded for second-stage proceedings. Justice Garman, dissenting, would have affirmed because the petition’s fitness allegations were conclusory and contradicted by Brown’s conduct and the trial record.