People v. Pingleton

This case presents question as to whether trial court committed reversible error in considering and then ultimately granting state’s motion to dismiss defendant’s petition for post-conviction relief that had progressed to second-stage of proceedings, where: (1) State‘s motion to dismiss had been pending for two years; and (2) trial court failed to provide defendant with any notice that trial court would consider State’s motion to dismiss at scheduled hearing or provide defendant with any opportunity to contest motion to dismiss at said hearing. Appellate Court, while acknowledging that trial court had erred in ruling on said motion, nevertheless found that any error was harmless, since defendant’s petition alleging ineffective assistance of counsel was without merit. In his petition for leave to appeal, defendant argued that Appellate Court’s decision conflicted with other cases holding that instant procedural due process violation during second-stage proceeding required reversal for new post-conviction proceeding regardless of merits of post-conviction petition.