This case presents question as to whether pro se defendant timely filed his notice of appeal from trial court’s order denying his pro se request for leave to file second successive post-conviction petition, where said notice was file-stamped 18 days beyond 30-day deadline for filing said notice. Defendant conceded that he did not file proper certification of mailing pursuant to section 1-109 of Code, but argued that his notice was nevertheless timely because legible postmark on envelope indicated that he mailed notice prior to expiration of deadline. Appellate Court, in finding that said notice was untimely, held that postmark could not be used in lieu of section 1-109 certificate to establish timeliness of defendant’s notice of appeal.
Illinois Supreme Court PLAs
Criminal Court
Appellate Jurisdiction