PEOPLE v. BRITT-EL

No. 89837.

794 N.E.2d 204 (2002)

206 Ill.2d 331

276 Ill.Dec. 309

The PEOPLE of the State of Illinois, Appellee, v. Vincent D. BRITT-EL, Appellant.

Supreme Court of Illinois.

August 29, 2002.


Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Gary R. Peterson, Assistant Defender, Office of the State Appellate Defender, Springfield, for appellant.

James E. Ryan, Attorney General, Springfield (Joel D. Bertocchi, Solicitor General, William L. Browers and Anne S. Bagby, Assistant Attorneys General, Chicago, of counsel), for the People.


Justice McMORROW delivered the opinion of the court:

The defendant, Vincent Britt-El, filed a second post-conviction petition along with a "Motion For Leave To File Second Post-Conviction Petition" in the circuit court of Vermilion County. The circuit court denied the motion as "untimely" and did not consider the merits of defendant's petition. On appeal, the appellate court treated the circuit court's ruling as a summary dismissal of defendant's post-conviction petition...

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