People v. Needham

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2016 IL App (2d) 130473
Decision Date: 
Friday, March 11, 2016
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Vacated and remanded.
Justice: 
JORGENSEN

Court's dismissal on the merits of Defendant's pro se petition which was, in substance, a Section 2-1401 petition for relief from judgment was premature, as it occurred before the expiration of State's 30 days to answer or otherwise plead. Although Defendant never affirmatively demonstrated insufficient service of petition, it is presumed that State was properly served. (SCHOSTOK and BIRKETT, concurring.)