Publications

People v. Stewart

Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2018 IL App (3d) 160408
Decision Date: 
Friday, November 9, 2018
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Vacated and remanded with directions.
Justice: 
O'BRIEN

Court erred in granting State's motion to dismiss Defendant's Section 2-1401 petition. As court recharacterized Defendant's pro se pleading as a successive postconviction petition, court erred in failing to admonish Defendant that it was doing so, and in failing to admonish Defendant that the petition would be subject to the strictures of the Post-Conviction Hearing Act., and in failing to give Defendant an opportunity to withdraw or amend his pleading. (LYTTON, concurring; SCHMIDT, dissenting.)