Supreme Court of Illinois

In postconviction petition brought by defendant-prisoner for assessment of filing fees and court costs totaling $105 pursuant to section 22-105 of the code of Civil Procedure, vacation of the assessment imposed is reversed where the appellate court ignored the unambiguous plain language of section 22-105 and frustrated the legislature's intent by concluding that because defendant's "Pro Se Petitioner Leave to File Successive Petition For Post-Conviction Relief" was denied, it did not fall within the statute-s purview because it was never "filed," effectively creating an exception to the statute.

Appellate Information

• Decided 12/04/2008
• Published 12/04/2008

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (James E. Fitzgerald, Alan J. Spellberg, Brian K. Hodes, Assistant State's Attorneys, of counsel), for the People.


• For Appellees:
  
• Michael J. Pelletier, State Appellate Defender, Patricia Unsinn, Deputy Defender, Scott F. Main, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellee.