Illinois Appellate Court
Criminal Court
Postconviction Petitions
(Court opinion from 7/29/10 withdrawn.) Court had, in response to Defendant's initial postconviction petition, vacated Defendant's initial sentence of natural life in prison for murder. Defendant filed another postconviction petition challenging sentences imposed on remand, but trial court dismissed petition because Defendant did not obtain leave of court to file a successive petition. Court improperly dismissed petition; a Defendant need not have been first granted leave of court to file successive petition in order for trial court to have authority to consider whether allegations in petition and supporting documents were sufficient to demonstrate cause and prejudice. Court has discretion to rule sua sponte on a petition without having first granted leave for petition to be filed. (GOLDENHERSH and STEWART, concurring.)