Criminal procedure — state’s right to respond

Posted August 22, 2014 3:06 PM

Where the state has been properly served with notice of a defendant’s petition for relief from judgment in the 30-day time period, the state neither waived its 30-day period nor consented to a sua sponte decision. As a result, the circuit court was premature to dismiss the defendant’s petition even if improper service was effected by the defendant. The Illinois Appellate Court, 1st District, 1st Division, vacated and remanded a decision by Cook County Associate Judge Arthur F. Hill Jr. Jerrell Matthews …

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