Defendant was convicted of first-degree murder in 2009. In 2012, Defendant mailed a postconviction petition to clerk of circuit court, but clerk did not docket his petition. Defendant inquired into status of his petition several times, and refiled it 1 year later. Court properly summarily dismissed petition. Defendant is not entitled to remand for 2nd-stage postconviction proceedings, because statute requiring clerk to promptly docket his petition is directory, not mandatory. Statute prescribes no consequences for clerk's failure to promptly docket a petition, and defendants' rights to timely consideration of their petitions will not be injured by a directory reading. No ineffective assistance of counsel for failing to object to gang evidence, as it was admissible to explain why trial witness recanted his grand jury testimony and testified differently at trial. As gang evidence was limited to relevant matter for which it was admitted, risk of unfair prejudice was slight. (McBRIDE and HOWSE, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions