Illinois Supreme Court, 2012

People v. Cunningham

People v. Cunningham
Illinois Supreme Court · Decided May 30, 2012
967 N.E.2d 810; 359 Ill. Dec. 780 (North Eastern Reporter, Second Series)

People v. Cunningham

Opinion

967 N.E.2d 810 (2012)
359 Ill. Dec. 780

PEOPLE State of Illinois, respondent,
v.
Eli CUNNINGHAM, petitioner.

No. 113991.

Supreme Court of Illinois.

May 30, 2012.

Petition for leave to appeal denied.

In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Cunningham, case No. 1-10-1036 (05/13/11), affirming the denial of defendant's motion to reconsider the dismissal of his post-conviction petition. The appellate court is directed to remand this matter to the circuit court with directions to conduct an evidentiary hearing on defendant's motion to reconsider, which hearing is to include the issue of whether the post-conviction petition was filed with defendant's knowledge and authorization, and if not, whether the post-conviction petition should be stricken or withdrawn.

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