People v. Bradley

Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2017 IL App (4th) 150527
Decision Date: 
Monday, October 2, 2017
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Reversed in part and vacated in part; remanded.
Justice: 
KNECHT

Court erred in dismissing Defendant's pro se Section 2-1401 petition for relief from judgment. Court denied Defendant due process in granting State's motion to dismiss Defendant's Section 2-1401 petition without allowing Defendant notice and a meaningful opportunity to respond. Court's failure to allow Defendant to respond was inherently prejudicial and undermined integrity of proceedings, and matter must be remanded for further proceedings without consideration of merits of Defendant's petition.Fines were improperly imposed by circuit clerk, and are thus vacated. (TURNER and APPLETON, concurring.)