People v. Johnson

• Citation: 727 N.E.2d 1058,245 Ill.Dec. 324,312 Ill. App.3d 532
• Decision Date: 11 April 2000
• Docket Number: No. 5-98-0348.,5-98-0348.
• Parties: The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Earnest JOHNSON, Defendant-Appellant.
• Court: United States Appellate Court of Illinois

727 N.E.2d 1058

312 Ill. App.3d 532

245 Ill.Dec. 324

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Earnest JOHNSON, Defendant-Appellant.

No. 5-98-0348.

Appellate Court of Illinois, Fifth District.

April 11, 2000.

Robert Agostinelli, Deputy Defender, Thomas A. Karalis, Assistant Defender, Office of the State Appellate Defender, Ottawa, for Appellant.

Jeffrey Farris, State's Attorney, Cairo, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, James R. Benson, Contract Attorney, State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice KUEHN delivered the opinion of the court:

In this case, a prisoner filed a belated postconviction petition claiming that the criminal justice system failed to administer justice. He claimed that newly discovered evidence could establish his actual innocence. The trial judge did not rule upon the potential merits of the actual-innocence claim. He summarily dismissed the claim because the petition was clearly beyond the statutory time limitation within which postconviction petitions are permitted to be filed. See 725 ILCS 5/122-1 (West 1996).

The prisoner appeals from the summary order of dismissal.

In part because so many prisoners seek collateral relief, and in part because most of their petitions fail to meet the narrowly defined criteria upon which relief can be granted, our legislature created a means for the disposal of petitions in summary fashion without the State's involvement or a hearing of any kind. See 725 ILCS 5/122-2.1 (West 1994). Thus, pro se postconviction petitions that clearly lack substance are summarily dismissed in high volume. Most petitions deserve an expedited exit; on occasion they do not.

Even if a petition raises a constitutional claim that is sufficient to survive summary dismissal, there is no guarantee to an evidentiary hearing. Among various obstacles to an evidentiary hearing is the reasonableness of the claim.

In recent years, our legislature has significantly reduced the allotted time frame within which prisoners may raise claims of unaddressed constitutional error that led to their imprisonment. See 725 ILCS 5/122-1 (West 1996). The time may now run while the direct appeal process is ongoing. This makes it easy for unrepresented inmates to miss the postconviction filing deadline, and as a result, it has become rather common practice for judges to dismiss petitions in summary fashion because they are filed too late. That is what happened here. The trial judge found, "The statute of limitations has expired in this case, and there are insufficient allegations of fact which would show that the delay was not due to the Defendant's culpable negligence."

The supreme court decided People v. Wright, 189 Ill.2d 1, 243 Ill.Dec. 198, 723 N.E.2d 230 (1999), after this ruling but before its review on appeal. For the reasons that follow, we reverse and remand for further proceedings. In Wright, our supreme court held that because time is not an inherent element of the right to bring a postconviction petition, compliance with the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122-1 et seq. (West 1996)) is not a jurisdictional prerequisite. Wright, 189 Ill.2d at 10-11,243 Ill.Dec. 198,723 N.E.2d at 236. Therefore, the court reasoned that the time limitations in the Act should be considered an affirmative defense. Wright, 189 Ill.2d at 11-12,243 Ill.Dec. 198,723 N.E.2d at 236-37. As such, it can be waived if not raised by the State. See Wright, 189 Ill.2d at 12,243 Ill.Dec. 198,723 N.E.2d at 237; People v. McCain, 312 Ill.App.3d 529, 245 Ill.Dec. 130, 727 N.E.2d 383 (2000); People v. Arias, 309 Ill.App.3d 595, 243 Ill.Dec. 91, 722 N.E.2d 1160 (1999).

It follows that those who initially review pro se petitions to determine whether they are frivolous or patently without merit should refrain from summary dismissal based solely upon a tardy filing date. The question of the petition's untimeliness should await a responsive pleading from the State.

Summary dismissal is a process that exists to cull petitions that are frivolous in nature or patently without merit. The process measures a petition's substantive virtue rather than its procedural compliance. A petition's facial untimeliness does not mean that it necessarily lacks substantive merit. Since judges have the power to review the content of untimely filed petitions, they should do so and, if the claim has any merit, bypass dismissal to await an answer from the State. By so doing, the State is afforded the opportunity to review the merits of the petition and to file a responsive pleading.

By entering a summary dismissal and not...