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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