People v. Jones

(Court opinion corrected 1/10/14.) Circuit court properly summarily dismissed Defendant's successive postconviction petition as procedurally barred. At the time leave to file successive petition was granted no finding had been made that Defendant had satisfied cause and prejudice test. Defendant failed to show violation of his procedural due process rights, and failed to satisfy cause prong of cause and prejudice test. As faulty admonishments, denial of motions for reduction of sentence and to withdraw guilty plea were all apparent from the record, and thus issue of ineffective assistance of trial counsel could have been raised on direct appeal, where Defendant would have had right to appointed counsel. (McBRIDE and TAYLOR, concurring.)