People v. Simms

Defendant was convicted, after bench trial, of murder and other offenses. Petition filed a postconviction petition on 11/14/95, and with leave of court filed an amended postconviction petition on 5/21/97. Court dismissed the amended petition without an evidentiary hearing. Illinois Supreme Court affirmed dismissal of most of the claims, but reversed dismissal of claims alleging perjury, and remanded for evidentiary hearing. On 7/7/04, Defendant filed "Withdrawal of Claims", expressing desire to withdraw remaining claims, and court entered order indicating those claims were withdrawn. On 10/18/11, Defendant filed pro se Section 2-1401 petition. Section 13-217 of Code of Civil Procedure applies to provide time frame for refiling a postconviction petition at a later date after it has been withdrawn. Section 13-217 is available to a petitioner who timely files an original petition but subsequently chooses, and is granted leave, to withdraw it. Petitioners who choose this procedural option are bound by its limitations, one of which is required refiling or reinstatement within 1 year or the remaining limitation period.(THOMAS, KILBRIDE, GARMAN, BURKE, THEIS, and NEVILLE, concurring.)