Court properly dismissed pro se postconviction petition as untimely, and properly found that late filing was result of Defendant's culpable negligence. Section 122-1(c) of Post-Conviction Hearing Act provides that a postconviction petition must be filed within 6 months of date for filing a petition for certiorari or a petition for leave to appeal. Six-month time period to file postconviction petition started to run after expiration of the 35 days in which Defendant had to file a petition for leave to appeal, which was 35 days after appellate court's issuance of Rule 23 order. Defendant's reliance on fellow inmate and "freelance paralegal" (who Defendant knew was not a licensed attorney) is insufficient to show that delay was not due to his culpable negligence). (KARMEIER, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)
Illinois Supreme Court
Criminal Court
Post-Conviction Petitions