People v. Robinson9/24/2003
nsel was ineffective because: (1) some of his objections were found by the trial court to be irrelevant, (2) he failed to cross-examine all of the State's witnesses, (3) he failed to object to improper in-court identification of the defendant by a witness who testified Robinson was taller than he actually is, and (4) he failed to present any oral arguments for defendant on posttrial motions.
On August 25, 2000, the trial court summarily dismissed the post-conviction petition as frivolous and patently without merit. The order of dismissal was not mailed to Robinson within the 10 day period specified in section 122-2.1 of the Post-Conviction Hearing Act (725 ILCS 5/122-2.1 (West 2000)). Specifically, the court clerk was two days late in mailing said order. Despite this error, Robinson mailed his notice of appeal in a timely fashion.
ANALYSIS
I.
Robinson argues on appeal that Public Act 83-942 (Pub. Act 83-942, eff. November 27, 1988), which amended the Post-Conviction Hearing Act by adding the provision for summary dismissal of a post-conviction petition, violated the single subject rule of the Illinois Constitution (Ill. Const. 1970, art. IV, §8(d)). Because of the alleged single subject violation, Robinson argues he has raised the gist of a constitutional claim sufficient to survive the summary dismissal stage of the Post-Conviction Hearing Act. The State responds that this issue has been conclusively resolved by the Illinois Supreme Court. We agree. This argument was rejected by the Illinois Supreme Court in People v. Boclair, 202 Ill. 2d 89, 108-13 (2002) ("Here, looking beyond the title, we conclude that, on its face, Public Act 83-942 relates to a single subject: the criminal justice system"). Public Act 83-942 does not violate the single subject rule. People v. Diehl, 335 Ill. App. 3d 693 (2002), citing Boclair, 202 Ill. 2d at 113. We need not discuss the matter further.
II.
The Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)) provides a remedy whereby defendants may challenge their convictions or sentences for violations of Federal or State constitutional law. People v. Coleman, 206 Ill. 2d 261, 277 (2002), citing People v. Towns, 182 Ill. 2d 491, 502 (1998); People v. Tenner, 175 Ill. 2d 372, 377 (1997). A post-conviction action is a collateral proceeding and not an appeal from the underlying judgment. Coleman, 206 Ill. 2d at 277, citing People v. Williams, 186 Ill. 2d 55, 62 (1999). The purpose of the proceeding is to allow inquiry into constitutional issues relating to the conviction or sentence that were not, and could not have been, determined on direct appeal. Coleman, 206 Ill. 2d at 277, citing People v. Griffin, 178 Ill. 2d 65, 72-73 (1997); People v. Mahaffey, 165 Ill. 2d 445, 452 (1995). Thus, res judicata bars consideration of issues that were raised and decided on direct appeal, and issues that could have been presented on direct appeal, but were not, are considered waived. Coleman, 206 Ill. 2d at 277, citing Towns, 182 Ill. 2d at 502-03.
"In cases not involving the death penalty, the Act establishes a three-stage process for adjudicating a petition for post-conviction relief." People v. Morris, 335 Ill. App. 3d 70, 76 (2002), citing People v. Gaultney, 174 Ill. 2d 410, 418 (1996). "At the first stage of a post-conviction proceeding, the circuit court determines whether the petition alleges a constitutional infirmity that, if proven, would necessitate relief under the Act." Morris, 335 Ill. App. 3d at 76, citing People v. Coleman, 183 Ill. 2d 366, 380 (1998). "The first stage represents a pleading question. Unless positively rebutted by the record, all well-pleaded facts are taken as tr
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