People v. Allen

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2019 IL App (1st) 162985
Decision Date: 
Friday, May 10, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Affirmed.
Justice: 
DELORT

(Court opinion corrected 6/5/19.) Court denied Petitioner leave to file his 3rd successive pro se petition. Petitioner cannot establish that he is so mentally ill that he is incapable of advancing past the first stage of postconviction proceedings, to make a showing of an arguably meritorious claim, without the assistance of counsel. Petitioner must, but cannot, state a nondelusional constitutional violation. Court is without supervisory authority to decide his as-applied constitutional claim, as he did not raise it in his original or amended petition. (CUNNINGHAM and HARRIS, concurring.)