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People v. Perkins

Citations

  • 890 N.E.2d 398
  • 229 Ill. 2d 34
  • 321 Ill. Dec. 676
  • 2007 Ill. LEXIS 2052

How courts have described this case

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

  • holding that “Rule 651(c) requires amendment of an untimely petition to allege any available facts showing the delay in filing was not due to the petitioner’s culpable negligence
  • reasoning that an attorney’s Rule 651(c) certificate is not conclusive of compliance and can be rebutted
  • explaining that “the purpose of Rule 651(c) is to ensure that counsel shapes the petitioner’s claims into proper legal form and presents those claims to the court”
  • noting that a Rule 651(c) certificate requires counsel to amend a petition to allege “any available facts” showing a delay in filing was not due to the defendant’s culpable negligence
  • finding that the Act provides for a reasonable level of assistance
  • explaining that “[a]n adequate or proper presentation of a petitioner’s substantive claims necessarily includes attempting to overcome procedural bars, including timeliness, that will result in dismissal of a petition if not rebutted”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kilbride, Freeman

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named People v. Perkins

197 other CourtListener records share this case name; the 50 most cited are listed.

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.