Appellate Court of Illinois

Dismissal of a petition for post-conviction relief pursuant to the Post-Conviction Hearing Act is affirmed where defendant lacked standing for relief under the Act as his possible deportation and "excludable and ineligibility" to become a permanent resident were collateral consequences of a conviction which did not render him "incarcerated in the penitentiary" as contemplated by the Act.

Appellate Information

• Decided 03/26/2008
• Published 03/27/2008

Judges

• Justice THEIS delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellees:
  
• William R. Quinlan, Nicholas G. Grapsas, Quinlan & Carroll, Ltd., Chicago, IL, for Defendant-Appellant., Richard A. Devine, State's Attorney, James E. Fitzgerald, Mary P. Needham, William C. Swallow, Assistant State's Attorneys, Chicago, IL for Plaintiff-Appellee.