This case presents question as to whether trial court properly denied defendant’s motion to reinstate his petition for post-conviction relief, where said motion was filed 10 years after defendant had voluntarily dismissed said petition, and where trial court held belief that defendant’s motion to reinstate was time-barred as matter of law because defendant had filed it more than one year after his petition for post-conviction relief had been voluntarily dismissed. Appellate Court, in reversing trial court, found that trial court had discretion to grant instant motion to reinstate if defendant had sufficiently pleaded that delay was not due to his culpable negligence, and that remand was required for trial court to make said determination.
Illinois Supreme Court PLAs
Criminal Court
Post-Conviction Petition