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HENNINGS v. CHANDLER

Nos. 102694, 103405.

890 N.E.2d 920 (2008)

229 Ill.2d 18

Edward HENNINGS, Appellant, v. Nedra CHANDLER, Appellee. The People of the State of Illinois, Appellee, v. Vincent Patterson, Appellant.

Supreme Court of Illinois.

May 22, 2008.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Mark D. Fisher, Assistant Defender, Office of the State Appellate Defender, Ottawa, for appellant in No. 102694.

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Michael A. Scodro, Solicitor General, Michael M. Glick, Katherine D. Saunders, Assistant Attorneys General, Chicago, and James E. Fitzgerald, Assistant State's Attorney, of counsel), for appellee in No. 102694.

Robert Agostinelli, Deputy Defender, Mark D. Fisher, Assistant Defender, Office of the State Appellate Defender, Ottawa, for appellant, and Vincent Patterson, Pontiac, appellant pro se in No. 103405.

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Michael A. Scodro, Solicitor General, Michael M. Glick, Katherine D. Saunders, Assistant Attorneys General, Chicago, James E. Fitzgerald, Assistant State's Attorney, of counsel), for the People in No. 103405.

OPINION

Justice KARMEIER delivered the judgment of the court, with opinion:

These consolidated appeals present the question of whether a trial court has the authority to sua sponte deny a state habeas corpus complaint without notice to the plaintiff, leave to amend the complaint, or a hearing. We conclude that a trial court has such authority, and therefore affirm the appellate court in both cases.

BACKGROUND

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