People v. Chambers

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2013 IL App (1st) 100575
Decision Date: 
Tuesday, August 13, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,2nd Div.
Holding: 
Affirmed and remanded with directions.
Justice: 
HARRIS
Court erred in including language in order denying Defendant leave to file successive petition until he had paid $105 sanction, as Section 22-105 of Code of Civil Procedure provides that an applicant cannot be prohibited from filing action if unable to pay court costs. Defendant did not include in his successive postconviction petition argument as to his sentence of mandatory life without parole for offense committed when he was age 17, and thus Defendant did not satisfy cause-and-prejudice test. Defendant is not foreclosed from challenging his sentence if he properly raising his claim per parameters of Section 122-1(f) of Post-Conviction Hearing Act. (QUINN and SIMON, concurring.)