Defendant was found guilty of armed robbery, first-degree murder, and attempted first-degree murder and was sentenced to 70 years in prison. The trial court denied defendant’s motion for leave to file a successive post-conviction petition and defendant filed a notice of appeal. The appellate court dismissed petitioner’s appeal for lack of jurisdiction, holding that the postage meter stamp was insufficient to prove that defendant timely mailed his notice of appeal. The Supreme Court granted leave to appeal to consider the question of jurisdiction. The court agreed with the appellate court and affirmed, holding that the sole means of establishing “time of mailing” under Rule 373 in the case of a pro se incarcerated litigant is by the certification described in Rule 12(b)(6). (THEIS, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and ROCHFORD, concurring and O’BRIEN, dissenting)
Illinois Supreme Court
Criminal Court
Appellate Jurisdiction