Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Court denied Defendant's motion to reinstate a petition that he previously filed under Post-Conviction Hearing Act. Trial court had discretion to grant motion to reinstate if Defendant sufficiently pleaded that delay was not due to his culpable negligence.There is no absolute 1-year bar to seeking to reinstate a voluntarily withdrawn postconviction petition. This discretion corresponds to court's discretion, under Section 122-5 of Act, to extend time to file any pleading other than the original petition.(JORGENSEN and SCHOSTOK, concurring.)