People v. York

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2016 IL App (5th) 130579
Decision Date: 
Monday, November 7, 2016
District: 
5th Dist.
Division/County: 
Fayette Co.
Holding: 
Reversed and remanded.
Justice: 
CHAPMAN

A defendant seeking to reinstate a voluntarily withdrawn postconviction petition after more than 1 year must be given opportunity to show that delay was not due to his culpable negligence. Section 122-5 of Post-Conviction Hearing Act grants postconviction courts discretion to extend the time of filing any pleading other than original petition, which would include a motion to reinstate the previous petition. (STEWART and CATES, concurring.)