Illinois Appellate Court
Civil Court
Post-Conviction Petitions
Defendant filed pro se motion for leave to file a 2nd successive postconviction petition. After discussion with prosecutor, on the record, court denied the motion. Ruling vacated and remanded for court to conduct an independent determination without considering State's written objection. Circuit court must grant or deny a motion for leave to file a successive postconviction petition according to the Post-Conviction Hearing Act without input from the State.(CARTER, concurring; HOLDRIDGE, specially concurring.)