People v. Pingelton

Petitioner challenged the second-stage dismissal of his post-conviction petitioner contending that he was denied of his right to procedural due process when the trial court granted the State’s motion to dismiss without giving him notice and an opportunity to respond. The appellate court affirmed, finding that the procedural due process violation was harmless error and the supreme court affirmed the opinion of the appellate court. (THEIS, ANNE M. BURKE, MICHAEL J. BURKE, OVERSTREET, CARTER, and HOLDER WHITE, concurring)