Appellate Court of Illinois

Summary dismissal of defendants pro se petition for relief under the Post-Conviction Hearing Act is reversed and remanded where: 1) the court erred in requiring the defendant to specifically cite section 122-1 of the Act by number in his petition in order to satisfy section 122-1(d)'s pleading requirements; and 2) the case is remanded for state-two proceedings since the court failed to address whether the petition was frivolous or patently without merit.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• Presiding Justice WOLFSON delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Michael J. Pelletier, Deputy Defender, Robert Hirschhorn, Assistant Appellant Defender, Office of the State Appellate Defender, Chicago, for Appellant.


• For Appellees:
  
• Richard A. Devine, State's Attorney, Cook County, Chicago (James E. Fitzgerald, Alan J. Spellberg, Joan F. Frazier, of counsel), for Appellee.