Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant filed pro se postconviction petition, later amended by private counsel with permission of trial court. Court erred in granting State’s motion to dismiss petition before Defendant had notice and an opportunity to be heard. Post-Conviction Hearing Act does not specifically allow a court to rule on a motion to dismiss ex parte without giving Defendant notice and opportunity to be heard. (KNECHT and HOLDER WHITE, concurring.)