Skip to main content

People v. Harris

Citations

  • 862 N.E.2d 960
  • 224 Ill. 2d 115
  • 308 Ill. Dec. 757
  • 2007 Ill. LEXIS 8

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that a postconviction proceeding collaterally attacking a conviction is a case separate and apart from the case in which the conviction was entered
  • recognizing that a postconviction proceeding collaterally attacking a conviction is a case separate and apart from the case in which the conviction was entered
  • holding that the Act requires the trial court to examine a postconviction petition within 90 days even if a direct appeal is pending on the same case
  • noting that the Act merely requires the court “to make” its first-stage order within 90 days after filing and docketing
  • “The scope of the [postconviction] proceeding is limited to constitutional matters that have not been, nor could have been, previously adjudicated.”
  • “[A] postconviction proceeding is a collateral attack upon the prior conviction and affords only limited review of constitutional claims not presented at trial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Thomas

Read full opinion on CourtListener

Cited by

85 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.