People v. Wilson

Defendant appealed from the trial court’s denial of his petitioner for leave to file a successive post-conviction petition. The petition was signed and filed by defendant’s wife and power of attorney and on appeal defendant argued that the power of attorney statute authorized his agent to institute the legal proceeding. The appellate court disagreed, finding that the post-conviction proceedings were a nullity and that the judgment entered by the trial court was void. (LAVIN, concurring and HYMAN, dissenting)