People v. Tolbert

Illinois Appellate Court
Criminal Court
Appellate Jurisdiction
Citation
Case Number: 
2021 IL App (1st) 181654
Decision Date: 
Tuesday, May 11, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Appeal dismissed.
Justice: 
COBBS

Court denied Defendant's pro se motion for forensic testing as to actual innocence, finding that motion was a duplication of previous motions.  With some exceptions, the date an item is metered is the date the item must be deposited or presented for mailing, as postage metering system bears some similarities to a postmark, but metering process is susceptible to defects and delays.  Amended Rule 373 eliminates postmarks as proof of mailing entirely, even legible ones. Metering date is not proof of mailing under the rule. Rule 12(b)(6) requires for jurisdiction to be proper a certificate verifying the date, time, and address for delivery. Appellate court is without jurisdiction based on Defendant's failure to comply with Rule 12(b)(6), as he failed to provide requisite verification of certification. (McBRIDE and ELLIS, concurring.)