Defendant filed a pro se post-conviction petition but voluntarily withdrew it during the second stage of proceedings. Less than a year later, defendant filed a motion to refile and reinstate an amended pro se post-conviction petition. The court granted the motion and dismissed the amended petition at the first stage of proceedings. Defendant appealed arguing his petition should have been reinstated at the second stage and that his petition set forth the gist of a constitutional claim. The appellate court affirmed, finding under general civil practice rules that while defendant was entitled to re-file a post-conviction petition it was not a “reinstatement” of his prior petition and, as a result, was properly treated by the trial court as an original petition under the Act and the trial court did not err when it dismissed it during the first stage of proceedings. (CAVANAGH and STEIGMANN, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act