People v. McCaskill

Illinois Appellate Court
Criminal Court
Postconviction Petition
Citation
Case Number: 
2012 IL App (1st) 110174
Decision Date: 
Tuesday, August 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
HARRIS
The date the circuit clerk's office stamped Defendant's first-stage postconviction petition "Filed", rather than date that petition was placed on Judge's docket, was the date the petition was "filed and docketed" under Section 122-2.1 of Post-Conviction Hearing Act. Court's summary dismissal of petition was void for failure to enter order within 90 days of that filing and docketing date, as "Filed" stamp date indicated that clerk entered petition into case file. (QUINN and CUNNINGHAM, concurring.)