PEOPLE v. JOHNSON

No. 5-98-0348.

727 N.E.2d 1058 (2000)

312 Ill. App.3d 532

245 Ill.Dec. 324

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Earnest JOHNSON, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

April 11, 2000.


Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Thomas A. Karalis, Assistant Defender, Office of the State Appellate Defender, Ottawa, for Appellant.

Jeffrey Farris, State's Attorney, Cairo, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, James R. Benson, Contract Attorney, State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.


Justice KUEHN delivered the opinion of the court:

In this case, a prisoner filed a belated postconviction petition claiming that the criminal justice system failed to administer justice. He claimed that newly discovered evidence could establish his actual innocence. The trial judge did not rule upon the potential merits of the actual-innocence claim. He summarily dismissed the claim because the petition was clearly beyond the statutory time limitation within which...

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