People v. Rucker

Court dismissed Defendants pro se petition for relief from judgment. Defendant was deprived of due process when court dismissed his petition before he had an opportunity to meaningfully respond.If Defendant had been allowed to respond to States motion to dismiss, he could have responded prior to court ruling on motion, and if court ruled against him, he could then have filed a motion to reconsider, to raise alleged errors in courts application of the law and/or then filed an appeal. The deprivation of one responsive option rises to the level of a constitutional violation of due process. (HUDSON and McLAREN, concurring.)