Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
When a defendant withdraws a postconviction petition and files a subsequent petition more than one year later and beyond the limitations period in Section 122-1(c) of Post-Conviction Hearing Act, the refiled petition is not to be treated as a new original petition where trial court denies the defendant's motion to refile or reinstate the petition. Petition would be treated as as an original petition only if trial court allows a defendant to reinstate it. (BOWMAN and HUDSON, concurring.)