Appellate Court of Illinois

In a conviction for first degree murder, dismissal of defendant's petition for collateral relief, which the circuit court characterized as both a petition for relief from judgment and a postconviction petition, is affirmed over claims that: 1) the trial court may not dismiss a petition for relief from judgment, on its own motion, without first providing defendant with notice and an opportunity to be heard; and in the alternative 2) even if the trial court may make such a dismissal, it may not do so on the basis of timeliness. The court agrees with defendant's second contention and finds that the dismissal was erroneous, but concludes that the error was harmless.

Appellate Information

• Decided 07/10/2007
• Published 07/10/2007

Judges

Court

• Appellate Court of Illinois

Counsel