People v. Robinson

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2015 IL App (4th) 130815
Decision Date: 
Friday, October 2, 2015
District: 
4th Dist.
Division/County: 
Douglas Co.
Holding: 
Affirmed.
Justice: 
APPLETON
Defendant filed amended petition for postconviction relief, and court granted State's motion to dismiss on ground of untimeliness. Failure of Defendant's counsel on direct appeal to notify him of issuance on direct appeal does not show lack of culpable negligence on Defendant's part, as Defendant failed to make a fully reasoned explication of Section 122-1(c) of Post-Conviction Hearing Act. Defendant failed to explain to Appellate Court what triggers running of the period of limitation, what the period of limitation, and how the issuance of decidion on direct appeal relates to that trigger. Without such explanation, Appellate Court cannot address issue of culpable negligence. (KNECHT and HOLDER WHITE, concurring.)