People v. Simms

Petitioner sought reinstatement of his withdrawn post-conviction petition. The state argued that neither the Post-Conviction Hearing Act, 725 ILCS 5/122-5 nor the Code of Civil Procedure, 735 ILCS 5/13-217 authorizes “reinstatement,” so that the motion should, instead, be treated as a motion for leave to file a new, successive petition that must meet the cause-and-prejudice test. Referencing only section 122-5, Petitioner argued, broadly, that a “judge has discretion to allow a post-conviction petitioner’s motion to reinstate his petition after he has voluntarily withdrawn it.” Petition argued that the state coerced him into withdrawing his petition by stating that it would again seek the death penalty upon retrial if he succeeded in his challenge; that his attorney and the court failed to adequately admonish him regarding his options, the current law, and the likely course of death penalty jurisprudence; and that the procedure by which the withdrawal took place was generally unlawful. The Illinois Supreme Court reinstated the trial court’s denial of the motion as untimely, having been filed seven years after the motion to withdraw; “it is clear that petitioner sought reinstatement well beyond either statute's time limitations.” The facts of record would not have supported a finding that petitioner’s delay in refiling was not due to his culpable negligence. The timing was intentional and strategic. Petitioner is, free to seek leave to file a successive post-conviction petition. View "People v. Simms" on Justia Law