Supreme Court of Illinois

Dismissal of a pro se pleading entitled "Motion to Reduce Sentence, Alternatively, Petition for Writ of Mandamus to Order Strict Compliance with Terms of Guilty Plea" is reversed and remanded where: 1) the circuit court re-characterized the pleading as a postconviction petition and summarily dismissed it; and 2) a circuit court which re-characterizes a pro se litigant's pleading as a postconviction petition must notify and warn the litigant that the restrictions on successive postconviction petitions will be applicable, and provide the litigant with an opportunity to withdraw or amend the pleading.

Appellate Information

• Decided 07/21/2005
• Published 07/21/2005

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Court

• Supreme Court of Illinois

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