Supreme Court of Illinois

In a conviction for predatory criminal sexual assault, summary dismissal of a postconviction petition is reversed where the 90-day period within which a postconviction petition may be dealt with summarily began to run when the cause was entered on the court's official docket for further proceedings and, therefore, the circuit court acted in a timely manner. Postjudgement motion for polymerase chain reaction testing of the DNA from the victim's vaginal swab is denied where this technology was available when the case was tried and, therefore, the test is not available post-conviction.

Appellate Information

• Decided 05/18/2006
• Published 06/15/2007

Judges

• Justice FREEMAN delivered the judgment of the court, with opinion:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Linda D. Woloshin, Assistant Attorney General, Chicago, Renee G. Goldfarb, Joan F. Frazier, Ashley Romito, Alan J. Spellberg, Assistant State's Attorneys, of counsel), for the People.


• For Appellees:
  
• Michael J. Pelletier, Deputy Defender, Jennifer L. Blagg, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellee.