People v. Johnson

This case present question as to whether trial court properly dismissed as untimely defendant’s post-conviction petition, where trial court found that: (1) applicable limitation period for defendant’s circumstance in which no petition for leave to appeal or petition for certiorari had been filed was 6 months after 90-day period that defendant could have filed certiorari petition; (2) applicable deadline was February of 2008; and (3) defendant filed post-conviction petition in August of 2008 and failed to provide good excuse for waiting until January of 2008 to seek advice about filing post-conviction petition. Appellate Court agreed that instant petition was impermissibly late, but found that actual deadline for filing post-conviction petition was December of 2011, because limitations period began 35 days after judgment on direct appeal plus 6 months from that point in time, where defendant’s failure to file petition for leave to appeal meant that he could not file certiorari petition.