Illinois Supreme Court
Criminal Court
Post-Conviction Hearing Act
Petitioner appealed from the judgments of the circuit and appellate courts finding that her post-conviction petition was not timely, resulting in its dismissal at the second stage of proceedings. The Supreme Court was tasked with determining whether a six-month limitations period or a three-year limitations period applied after defendant’s appeal was dismissed for failure to follow the requirements of SCR 604(d). The court held that the six-month limitation period applied, but that under the circumstances of the case the petitioner could not have been culpably negligent in the untimely filing of her petition. (THEIS, NEVILLE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring. HOLDER WHITE took no part in the decision.)