People v. House

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2013 IL App (2d) 120746
Decision Date: 
Wednesday, November 20, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
McLAREN
Court summarily dismissed postconviction petition because it was not verified by a notarized affidavit. Defendant argued that prison policy was that prison staff would not notarize affidavits, and alleged that he sought notarization and was refused. Lack of notarized verification does not justify summary dismissal at first stage of postconviction petition proceedings. (BURKE, concurring; SCHOSTOK, dissenting.)