People v Love 

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2013 IL App (2d) 120600
Decision Date: 
Thursday, December 19, 2013
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BURKE
Defendant was convicted of solicitation of murder for hire of two of State’s witnesses in his criminal case for unlawful possession of controlled substance with intent to deliver. By failing to file notice of appeal or motion directed against order within 30 days, Defendant deprived appellate court of jurisdiction to consider whether initial postconviction petition was a petition under Post-Conviction Petition or Section 2-1401 Petition for Relief from Judgment. Defendant’s amended petition did not identify any objective factors impeding his ability to raise his new claims in his initial petition. Thus, Defendant failed to meet cause prong of cause-and-prejudice requirement to file successive postconviction petition. (ZENOFF, concurring; SCHOSTOK, specially concurring.)