Criminal procedure — necessity for valid service

Posted February 9, 2015 2:58 PM

Where a court sua sponte dismisses a defendant’s Section 2-1401 before 30 days past its filing date or when valid service has not been effected by the state, the case is not ripe for adjudication and the court commits an error. The Illinois Appellate Court, 1st District, 6th Division, vacated and remanded a decision by Cook County Associate Judge Timothy Joseph Joyce. On April 18, 2007, James Lewis was involved in “a series of events” which resulted in him being charged with and found guilty of …

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