People v. Baller

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2018 IL App (3d) 160165
Decision Date: 
Wednesday, June 27, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Vacated and remanded with directions.
Justice: 
WRIGHT

Defendant entered open plea of guilty to one charge of aggravated criminal sexual assault. Court summarily dismissed his pro se postconviction petition raising claims of ineffective assistance of trial and appellate counsel. Court then denied his pro se motion for leave to file a successive postconviction petition.Court erred in considering objection of State without first conducting an independent inquiry of motion. (HOLDRIDGE, specially concurring; SCHMIDT, dissenting.)