petition advancing claim in Illinois

2024If a petition for certiorari is not filed, no proceedings under this Article shall be commenced more than 6 months from the date for filing a certiorari petition, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence. *** This limitation does not apply to a petition advancing a claim of actual innocence.” 725 ILCS 5/122-1(c) (West 2020). ¶ 19 As our supreme court has explained: -4- “The United States Supreme Court only has jurisdiction to consider a petition for certiorari when an appeal has been taken to the state court of last resort. [Citat

2024If a petition for certiorari is not filed, no proceedings under this Article shall be commenced more than 6 months from the date for filing a certiorari petition, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence. *** This limitation does not apply to a petition advancing a claim of actual innocence.” 725 ILCS 5/122-1(c) (West 2020). ¶ 19 As our supreme court has explained: -4- “The United States Supreme Court only has jurisdiction to consider a petition for certiorari when an appeal has been taken to the state court of last resort. [Citat

2024A claim of actual -6- innocence requires evidence that is “(1) newly discovered, (2) material and not cumulative, and (3) of such conclusive character that it would probably change the result on retrial.” People v. Robinson, 2020 IL 123849, ¶ 47 , 181 N.E.3d 37 .

2024A claim of actual -6- innocence requires evidence that is “(1) newly discovered, (2) material and not cumulative, and (3) of such conclusive character that it would probably change the result on retrial.” People v. Robinson, 2020 IL 123849, ¶ 47 , 181 N.E.3d 37 .

2024This limitation[s period] does not apply to a petition advancing a claim of actual innocence.” -9- 2024 IL App (2d) 230154 Defendant does not assert a claim of actual innocence.

2022But the statute adds, “This limitation does not apply to a petition advancing a claim of actual innocence.” Id.

2022Id. ¶ 16 Culpable negligence is “something greater than ordinary negligence and is akin to recklessness.” People v. Boclair, 202 Ill. 2d 89, 102 (2002).

2021Defendant does not provide any authority creating such an exception. ¶ 24 To the contrary, our supreme court has made clear that “an action brought under section 2- 1401 is a civil proceeding and, according to this court’s long-standing precedent, is subject to the usual rules of civil practice, even when it is used to challenge a criminal conviction or sentence.” Vincent, 226 Ill. 2d at 6 .

2021Id.

2015This limitation does not apply to a petition advancing a claim of actual innocence." (Emphasis added.) 725 ILCS 5/122- 1(c) (West 2008). ¶ 20 "The applicable statute of limitations for a postconviction petition is the one in effect at the time the petition is filed." People v. Harris, 224 Ill. 2d 115 , 125 n.1 (2007).