People v. Marino

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Discovery
Citation
Case Number: 
No. 2-08-0242
Decision Date: 
Wednesday, February 3, 2010
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Reversed and remanded.
Justice: 
McLAREN
Late discovery of pre-existing claim does not absolutely preclude a defendant from filing a postconviction petition after statutory deadline; circumstances of discovery of claim, and actions taken to preserve it, are part of Section 122-1 determination of whether defendant was culpably negligent in filing late petition.