People v. Triplett

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2022 IL App (3d) 200017
Decision Date: 
Thursday, July 14, 2022
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded.
Justice: 
HAUPTMAN

Defendant appealed from the trial court's dismissal of his post-conviction petition arguing that the trial court erred when it granted defense counsel’s motion to withdraw at the same hearing where it granted the State’s motion to dismiss. The appellate court, with one justice dissenting, reversed and remanded, finding that due process required that the defendant receive notice of the State’s motion and an opportunity to respond and that he was denied this right because the motion was provided to counsel. (HOLDRIDGE, concurring and SCHMIDT, dissenting).