People v. Gardner

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Case Number: 
2013 IL App (2d) 110598
Decision Date: 
Wednesday, January 30, 2013
2d Dist.
Winnebago Co.
Affidavit requirements of sections 122-1-(b) and 122-2 o f Post-Conviction Hearing Act are distinctive and should be construed independently as they serve independent purposes. Although a postconviction petition may not be summarily dismissed for violating section 122-1(b), it may be for violating section 122-2. Letter from Defendant's mother was not a valid affidavit, and thus Defendant failed to comply wityh section 122-2. Letter, stating that she did not observe any injuries on victim, did not contradict any trial evidence, as injury requirement does not require visible injury. Thus, no factual basis to support Defendant's claim that he would have been guilty only of criminal trespass, and not home invasion, had his mother been called to testify per her letter, and thus no inefffective assistance of counsel. (HUTCHINSON, concurring; SCHOSTOK, specially concurring.)