People v. Kane

Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2013 IL App (2d) 110594
Decision Date: 
Thursday, December 5, 2013
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Court properly dismissed Defendant's amended petition for relief from judgment and petition for postconviction relief. A Section 2-1401 petition may not be used to obtain relief for issues previously raised at trial or in other collateral proceedings. Defendant, having not presented evidence to controvert stipulated testimony, cannot complain that it was not worthy of consideration; and Defendant invited the error by agreeing to evidence through stipulation. (BURKE and HUDSON, concurring.)