Illinois Supreme Court· 11/18/1999

People v. Wright

Citations

723 N.E.2d 230
189 Ill. 2d 1
243 Ill. Dec. 198
1999 Ill. LEXIS 1472

How courts have described this case

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

holding that section 122–1 of the Act with its “culpable negligence” standard is a statute of limitations
holding that a petitioner “should plead facts demonstrating his lack of culpable negligence”
the limitations period of the Act is an affirmative defense that the State must raise in the trial court or the issue will be deemed waived on appeal
“As a lack of culpable negligence permits the filing of a post-conviction petition regardless of the length of time that has passed, a lack of culpable negligence—not time—is the inherent element.”
“[I]f the State wishes to challenge the timeliness of a defendant’s petition, it should raise that argument first in the trial court, where any amendments can be made and factual disputes resolved”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rathje, Freeman, Bilandic, Harrison

Read full opinion on CourtListener

Cited by

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

Cites

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

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