Illinois Appellate Court
Criminal Court
Postconviction Petitions
A defendant seeking to reinstate a voluntarily withdrawn postconviction petition after more than 1 year must be given opportunity to show that delay was not due to his culpable negligence. Section 122-5 of Post-Conviction Hearing Act grants postconviction courts discretion to extend the time of filing any pleading other than original petition, which would include a motion to reinstate the previous petition. (STEWART and CATES, concurring.)