(725 ILCS 5/121A-2) Sec. 121A-2. Pending direct appeal after the defendant's death. (a) Whenever the prosecuting attorney learns of the death of the defendant following the entry of a final and appealable judgment but prior to the conclusion of the defendant's direct appeal from the conviction, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the reviewing court before which the direct appeal is pending. (b) Unless the executor or administrator of the defendant's estate or other successor in interest files a verified motion to intervene in the direct appeal within 30 days of the filing of the certificate under subsection (a) of this Section, the reviewing court shall dismiss the direct appeal without disturbing the judgment of the circuit court. (c) If the court receives a timely petition for leave to intervene by an authorized party, the reviewing court shall permit the petitioning party to intervene in the direct appeal in place of the defendant and the direct appeal shall proceed in the same manner as if the defendant were still alive. The authority to intervene shall terminate automatically upon completion of the proceedings in the direct appeal. (d) Nothing in this Section shall be construed to authorize the filing or continued litigation of a post-conviction petition or other collateral attack on a conviction or sentence on behalf of a deceased defendant.
(Source: P.A. 99-778, eff. 1-1-17 .) |
(725 ILCS 5/Art. 122 heading) ARTICLE 122.
POST-CONVICTION HEARING
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(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
Sec. 122-1. Petition in the trial court.
(a) Any person imprisoned in the penitentiary may institute a proceeding under this Article if the person asserts that: (1) in the proceedings which resulted in his or her | ||
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(2) (blank); or
(3) (blank). (a-5) A proceeding under paragraph (2) of subsection (a)
may be commenced within a reasonable period of time after the person's
conviction
notwithstanding any other provisions of
this Article. In such a proceeding regarding
actual innocence, if the court determines the petition is
frivolous or is patently without merit, it shall dismiss the
petition in a written order, specifying the findings of fact
and conclusions of law it made in reaching its decision.
Such order of dismissal is a final judgment and shall be
served upon the petitioner by certified mail within 10 days
of its entry.
(b) The proceeding shall be commenced by filing with the clerk of the court
in which the conviction took place a petition (together with a copy thereof)
verified by affidavit. Petitioner shall also serve another copy upon the
State's Attorney by any of the methods provided in Rule 7 of the Supreme
Court. The clerk shall docket the petition for consideration by the court
pursuant to Section 122-2.1 upon his or her receipt thereof and bring the same
promptly to the attention of the court.
(c)
No proceedings under this
Article shall be commenced more than 6 months after the conclusion of proceedings in the United States Supreme Court, unless the petitioner
alleges facts showing that the delay was not due to his or her culpable
negligence.
If a petition for certiorari is not filed, no proceedings under this Article shall be commenced more than 6 months from the date for filing a certiorari petition, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence. If a defendant does not file a direct appeal, the post-conviction petition shall be filed no later than 3 years from the date of conviction, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence.
This limitation does not apply to a petition advancing a claim of actual
innocence. (d) A person seeking relief by filing a petition under this Section must
specify in the petition or its heading that it is filed under this Section.
A trial court that has received a petition complaining of a conviction or
sentence that fails to specify in the petition or its heading that it is
filed under this Section need not evaluate the petition to determine
whether it could otherwise have stated some grounds for relief under
this Article.
(e) (Blank).
(f) Only one petition may be filed by a petitioner under this Article
without leave of the court.
Leave of court may be granted only if a petitioner demonstrates
cause for his or her failure to bring the claim in his or her initial
post-conviction proceedings and prejudice results from that failure. For
purposes
of this subsection (f): (1) a prisoner shows cause by identifying an objective
factor that impeded his or her ability to raise a specific claim during his or
her initial post-conviction proceedings; and (2) a prisoner shows prejudice by
demonstrating that the claim not raised during his or her initial
post-conviction proceedings so infected the trial that the resulting conviction
or
sentence violated due process.
(Source: P.A. 102-639, eff. 8-27-21; 103-51, eff. 1-1-24 .)
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(725 ILCS 5/122-2) (from Ch. 38, par. 122-2)
Sec. 122-2.
Contents of petition.
The petition shall identify the proceeding in which the petitioner was
convicted, give the date of the rendition of the final judgment complained
of, and clearly set forth the respects in which petitioner's constitutional
rights were violated. The petition shall have attached thereto affidavits,
records, or other evidence supporting its allegations or shall state why
the same are not attached. The petition shall identify any previous
proceedings that the petitioner may have taken to secure relief from his
conviction. Argument and citations and discussion of authorities shall be
omitted from the petition.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
Sec. 122-2.1. (a) Within 90 days after the filing and docketing of each
petition, the court shall examine such petition and enter an order thereon
pursuant to this Section.
(1) (Blank).
(2) If the petitioner is sentenced to imprisonment | ||
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(b) If the petition is not dismissed pursuant to this Section, the court
shall order the petition to be docketed for further consideration in accordance
with Sections 122-4 through 122-6.
(c) In considering a petition pursuant to this Section, the court may
examine the court file of the proceeding in which the petitioner was convicted,
any action taken by an appellate court in such proceeding and any transcripts
of such proceeding.
(Source: P.A. 103-51, eff. 1-1-24 .)
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