(Modified upon denial of rehearing filed 6/14/16.) Defendant pled guilty to 2 counts of first-degree murder in exchange for a sentence of natural life in prison. Defendant's postconviction counsel improperly filed a motion to withdraw and dismiss Defendant's successive postconviction petition. State did not file motion to dismiss, and verbal statements, even in construed as an oral motion to dismiss, are insufficient, as an oral motion to dismiss is not authorized by Post-Conviction Hearing Act.Postconviction defense counsel should not seek dismissal of a Defendant's postconviction petition, but instead, if counsel beliefs that petition is frivolous and patentaly without merit, then counsel should file a motion to withdraw, not a motion to dismiss petition.(HOLDRIDGE, concurring; SCHMIDT, dissenting.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions