People v. Coffey

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2020 IL App (3d) 160427
Decision Date: 
Friday, February 7, 2020
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Vacated and remanded.
Justice: 
CARTER

Court erred in allowing State to participate in proceedings on Defendant's motion to reconsider denial of leave to file a successive petition. Appellate court may, but is not required to, conduct an independent review of circuit court's cause and prejudice determination in interest of judicial economy. Appellate court chose to remand for independent determination in circuit court.(O'BRIEN, concurring; WRIGHT, specially concurring.)