Defendant appealed from the summary dismissal of his post-conviction petition. The appellate court had previously issued an opinion reversing the dismissal but before jurisdiction vested back to the trial court the Illinois Supreme Court entered an order instructing the court to vacate the judgment and reconsider it in light of a recent opinion. After reconsidering its opinion, the appellate court vacated and remanded for further proceedings, explaining that the defendant had argued a claim that was factually sufficient to proceed to the second stage where he submitted a lengthy report from a developmental psychologist who observed that defendant had many of the traits that must be considered before imposing a term of life imprisonment. (McLAREN and SCHOSTOK, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act