Justice FITZGERALD delivered the opinion of the court:
The defendant, James Tenner, appeals a Cook County circuit court order dismissing his second post-conviction petition without an evidentiary hearing. Because the defendant was sentenced to death, his appeal lies directly to this court. See 134 Ill.2d R. 651(a).
On January 10, 2003, while the defendant's petition for rehearing was pending, former Governor George Ryan commuted the sentences of all Illinois...
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