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PEOPLE v. MITCHELL

No. 1-88-2911.

582 N.E.2d 1193 (1991)

221 Ill. App.3d 979

164 Ill.Dec. 249

The PEOPLE of the State of Illinois, Respondent-Appellee, v. Maurice MITCHELL, Petitioner-Appellant.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied December 2, 1991.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender of Chicago (Patricia Unsinn, Asst. Appellate Defender, of counsel), for petitioner-appellant.

Jack O'Malley, State's Atty., County of Cook, Chicago (Renee Goldfarb, Kenneth T. McCurry, Judith Hannah, Asst. State's Attys., of counsel), for respondent-appellee.

Presiding Justice SCARIANO delivered the opinion of the court:

Maurice Mitchell (Maurice) appeals from what he claims was the circuit court's improper dismissal of his post-conviction petition as "frivolous or * * * patently without merit" more than 30 days after it was filed and docketed. He maintains that the allegations in his petition should have been given the benefit of an evidentiary hearing: (1) that the court before which he was convicted of murder erroneously...

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