More than 16 years after Defendant's convictions and sentences for 1st degree murder and aggravated criminal sexual assault of a 15-year-old girl were affirmed and after numerous other petitions for collateral relief were dismissed or denied, Defendant filed petition for relief from judgment. State moved to dismiss petition on procedural grounds, which court granted 4 days after petition was served on Defendant and his counsel. Appointed counsel did not respond to motion and was not present during ruling. Counsel had not been given notice of proceedings in which court ruled on motion. Although court failed to give Defendant reasonable opportunity to respond to motion to dismiss, this was harmless error. Petition weas procedurally time barred by 16 years and was otherwise incurably deficient as a matter of law. Thus, defects in petition could not be cured. (A. BURKE, KILBRIDE, GARMAN, KARMEIER, NEVILLE, and M. BURKE, concurring.)
Illinois Supreme Court
Criminal Court
Relief from Judgment