Illinois Appellate Court
Criminal Court
Relief from Judgment
Defendant was convicted, after jury trial, of first degree murder. Defendant filed a Section 2-1401 petition for relief for judgment while his initial postconviction petition, and petition for leave to file successive postconviction petition, were pending. Court properly denied petition for leave to file successive petition, as his "affidavit" was only hearsay, which is insufficient to support a claim. Court prematurely dismissed Section 2-1401 prior to expiration of 30-day period for State to respond, as State was present at hearing but remained silent. Thus, State was deprived of its time for responsive pleading, and petition was thus not yet ripe for adjudication. (QUINN and CUNNINGHAM, concurring.)