Defendant was convicted of unlawful restraint. Circuit court may consider standing as the sole basis for the summary dismissal of a postconviction petition at the first stage. Circuit court, in determining Defendant's standing, did not violate the Act by taking judicial notice of the DOC's website to ascertain his status as a prisoner at time he filed petition. Defendant's obligation to register under the Violent Offender Act was a collateral consequence of the unlawful restraint conviction and thus did not confer standing to challenge that conviction. Defendant's pro se petition did not allege sufficient facts relevant to standing to advance the petition to the 2nd stage.(A. BURKE, GARMAN, THEIS, and NEVILLE, concurring; CARTER and OVERSTREET, dissenting.)
Illinois Supreme Court
Criminal Court
Postconviction Petitions