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PEOPLE v. McCLAIN

NO. 4-96-0277.

684 N.E.2d 1062 (1997)

292 Ill. App.3d 185

226 Ill.Dec. 66

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Willie L. McCLAIN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied October 9, 1997.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-Appointed) (John Anthony Palombi, of counsel), Office of State Appellate Defender, Springfield, for Willie McClain.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, James Majors, Staff Atty., State's Attorneys Appellate Prosecutor, Springfield, for the People.

Presiding Justice STEIGMANN delivered the opinion of the court:

In March 1996, defendant, Willie L. McClain, was serving a sentence of natural life in prison upon his conviction of two counts of first degree murder when he filed pro se a post-conviction petition pursuant to the Post-conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 1994)). Because defendant filed his petition late under section 122-1 of the Act (725 ILCS 5/122-1 (West Supp...

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