Criminal procedure — post-conviction petitions

Posted March 26, 2015 2:39 PM

Where the circuit court sua sponte dismisses a post-conviction petition before the state’s 30-day response period has expired, the petition was not ripe for adjudication and the dismissal must be vacated. The Illinois Appellate Court, 1st District, 6th Division, vacated and remanded a decision by Cook County Associate Judge James B. Linn. In February 1997, Derrick Harris along with two associates engaged in the abduction and assault of a family. Harris, as well as his codefendants, were charged with the crimes …

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