People v. Walker

Illinois Supreme Court PLAs
Criminal Court
Post Conviction
Citation
PLA issue Date: 
March 24, 2010
Docket Number: 
No. 109631
District: 
2nd Dist.
This case presents question as to whether trial court properly dismissed on jurisdictional grounds defendant's successive 2-1401 post-judgment petitions relating to his criminal conviction. While state argued that instant dismissal was proper under Buschelman, 296 IllApp3d 35, where court found that trial court has jurisdiction to consider only one section 2-1401 petition, Appellate Court, in reversing trial court, found that there was nothing in Illinois law to suggest that party is limited jurisdictionally to one section 2-1401 petition.