Where the state has failed to respond to a petition for relief from judgment, they have waived any timeliness objections and because it is an affirmative defense the court may not sua sponte dismiss the petition as untimely.The 1st District Appellate Court affirmed in part, reversed in part and remanded a decision from Cook County Associate Judge Steven J. Goebel.On the evening of Jan. 30, 1992, Elron Cathey was seen coming …