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People v. Smith

Appellate Court of Illinois, First District. Fourth Division
Jun 12, 1974
314 N.E.2d 510 (Ill. App. Ct. 1974)

Summary

In Smith, we held that waiver and res judicata are both proper grounds for summarily dismissing a successive postconviction petition because both enter into a determination of the substantive merits of the petition, unlike untimeliness, which is even addressed under a separate provision of the Act (see 725 ILCS 5/122-1(c) (West 2000)).

Summary of this case from People v. Smith

Opinion

No. 58747 Judgment affirmed.

June 12, 1974. Abstract of Decision

APPEAL from the Circuit Court of Cook County; the Hon. ROBERT J. COLLINS, Judge, presiding.

James J. Doherty, Public Defender, of Chicago (Suzanne M. Xinos, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Kenneth L. Gillis and Barry Rand Elden, Assistant State's Attorneys, of counsel), for the People.


Abstract of Decision


Summaries of

People v. Smith

Appellate Court of Illinois, First District. Fourth Division
Jun 12, 1974
314 N.E.2d 510 (Ill. App. Ct. 1974)

In Smith, we held that waiver and res judicata are both proper grounds for summarily dismissing a successive postconviction petition because both enter into a determination of the substantive merits of the petition, unlike untimeliness, which is even addressed under a separate provision of the Act (see 725 ILCS 5/122-1(c) (West 2000)).

Summary of this case from People v. Smith
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICKY SMITH…

Court:Appellate Court of Illinois, First District. Fourth Division

Date published: Jun 12, 1974

Citations

314 N.E.2d 510 (Ill. App. Ct. 1974)
314 N.E.2d 510

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