Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Defendant pled guilty but mentally ill to the first-degree murder of her five-month-old son. She then filed a motion under the Post-Conviction Hearing Act arguing that she was unfit to plead guilty. The trial court summarily dismissed the petition and defendant appealed arguing her petition stated the gist of a constitutional claim. The appellate court affirmed, finding that while additional details were required there was sufficient evidence in the record to determine that there was a bona fide question as to defendant’s fitness when she entered a guilty plea. (FITZGERALD SMITH and COBBS, concurring)