People v. Cruz

Illinois Supreme Court
Criminal Court
Citation
Case Number: 
2013 IL 113399
Decision Date: 
March 21, 2013
District: 
1st Dist.
Division/County: 
Cook Co.
Justice: 
KILBRIDE
Holding: 
Appellate court reversed; remanded.
State alleged, for the first time on appeal, that Defendant's pro se supplemental postconviction petition was subject to dismissal because his verification affidavit was not notarized. State forfeited its argument by failing to raise issue of noncompliance with notarization requirement in trial court. Although State could not have raised issue in its original motion to dismiss, as the unnotarized affidavit was not submitted until later, the State could have sought to amend its motion to dismiss to include the issue. (THOMAS, GARMAN, KARMEIER, and THEIS, concurring.)