People v. Evans

Illinois Supreme Court
Criminal Court
Case Number: 
2013 IL 113471
Decision Date: 
February 22, 2013
1st Dist.
Cook Co.
Appellate court affirmed.
Circuit court properly denied Defendant's pro se motion for leave to file successive postconviction petition, and appellate court properly affirmed denial. Defendant asserted as "cause" in his motion ignorance of the law, as reason for his failure to include a claim in his initial postconviction petition that his due process rights are violated as he is required to serve three-year MSR term that was neither imposed nor mentioned at sentencing. Uniform Code of Corrections' mandate of MSR term was and is the law, and Defendant is charged with full knowledge of it. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, and THEIS, concurring; BURKE, dissenting.)