Illinois Appellate Court
Criminal Court
Relief from Judgment
Defendant was convicted of 1st degree murder and aggravated criminal sexual assault of a 15-year-old girl. Court properly granted State's motion to dismiss Defendant's pro se petition for relief from judgment which was filed 16 years after entry of judgment. Any error in failing to allow Defendant to respond to State's motion to dismiss petition does not rise ot level of structural error. All issues raised in petition could have been raised on one of his previous 6 appeals. No ineffective assistance of counsel, as counsel could not have cured the defects in petition, and all issues raised were barred by res judicata. (CARTER, concurring; LYTTON, dissenting.)