People v. Hemingway

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2014 IL App (4th) 121039
Decision Date: 
Wednesday, July 23, 2014
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
APPLETON
Statement by claimed alibi witness, attached to postconviction petition, was not notarized and lacked obligation of oath, as it contained no notary clause affirming that witness swore to statement in notary's presence. Thus, statement was not an affidavit, and court properly summarily dismissed petition which was required to be supported by section 122-2 affidavit. (POPE and HARRIS, concurring.)