People v. Cage

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2013 IL App (2d) 111264
Decision Date: 
Friday, March 29, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
HUTCHINSON
The failure to provide a notarized affidavit as required by Section 122-1(b) of the Post-Conviction Hearing Act is not a sufficient basis for summary dismissal of a post-conviction petition. Instead, the court should consider the merits of the petition. (ZENOFF and HUDSON, concurring.)