People v. Hommerson

This case presents question as to whether trial court properly dismissed defendant’s pro se post-conviction petition that challenged his first-degree murder conviction, where dismissal was based on defendant’s failure to include notarized affidavit attesting to veracity of petition’s contents. Appellate Court held that instant first-stage dismissal was proper under Carr, 407 Ill.App.3d 513, due to defendant’s non-compliance with affidavit requirement under section 122-1(b) of Post-Conviction Hearing Act. Appellate Court further observed that defendant should not be able to allege anything that guarantees that his petition proceed to second-stage consideration under Act without verifying that said allegations are true. (Dissent filed.)