People v. Flowers

Illinois Appellate Court
Criminal Court
Postconviction Petition
Citation
Case Number: 
2015 IL App (1st) 113259
Decision Date: 
Tuesday, January 6, 2015
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
FITZGERALD SMITH
Defendant filed pro se postconviction petition, with affidavits from witnesses claiming that Defendant was innocent of first-degree murder of which he had been convicted. Defendant's culpable negligence in not timely filing petition is not excused by affiants' having moved multiple times over the years, as their affidavits indicate that Defendant could have located them much sooner. Court properly dismissed petition as untimely. (EPSTEIN and ELLIS, concurring.)