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Illinois Compiled Statutes

725 ILCS 5/122-3 (2026)

Waiver of claims

✓ current as of May 2026
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(725 ILCS 5/122-3) (from Ch. 38, par. 122-3)
    Sec. 122-3. Waiver of claims.
    Any claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived.
(Source: Laws 1963, p. 2836.)

    
Notes of Decisions
Cited in 443 cases (198 in the last 5 years), 1994–2026 · leading case: People v. Pitsonbarger, 793 N.E.2d 609 (Ill. 2002).
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People v. Pitsonbarger, 793 N.E.2d 609 (Ill. 2002). · cites it 5× “Petitioner responded that his first post-conviction proceeding was "fundamentally flawed" due to its virtual "abandonment" by post-conviction counsel and, thus, consideration of the claims raised in his second post-conviction petition was not barred by section 122-1 or by the…”
People v. Bailey, 2017 IL 121450 (Ill. 2017). · cites it 2× “For purposes of this subsection (f): (1) a prisoner shows cause by identifying an objective factor that impeded his or her ability to raise a specific claim during his or her initial post-conviction proceedings; and (2) a prisoner shows prejudice by demonstrating that the claim…”
People v. De La Paz, 791 N.E.2d 489 (Ill. 2003). · cites it 4× “" 725 ILCS 5/122-3 (West 1994). "Waiver" is a well-established term of art in the legal field.”
People v. Patterson, 735 N.E.2d 616 (Ill. 2000). · cites it 3× “Knowing Use of Marva Hall's "Perjured" Testimony Defendant next claims that the State violated his state and federal constitutional rights by using Hall's testimony, which the State knew was false.”
People v. Wright, 723 N.E.2d 230 (Ill. 1999). · cites it 3× “2d 1078 ; 725 ILCS 5/122-3 (West 1994). A second post-conviction petition is permitted only if the proceedings on the initial petition were deficient in some fundamental way.”
People v. Clark, 2023 IL 127273 (Ill. 2023). “For these reasons, defendant’s reliance on Miller and Atkins fails to establish “cause” for relaxing the res judicata doctrine with respect to this issue, which was decided on direct appeal, and with respect to avoiding statutory waiver set out in section 122-3 of the…”
People v. Edwards, 2012 IL 111711 (Ill. 2012). “2d 140, 146 (1990); 725 ILCS 5/122-3 (West 2006) (specifically stating that “[a]ny claim *** not raised in the original or an amended petition is waived”).”
People v. Blair, 831 N.E.2d 604 (Ill. 2005). “" 725 ILCS 5/122-3 ( West 2000 ). This is not the type of "waiver" that is at issue in this case.”
People v. McNeal, 742 N.E.2d 269 (Ill. 2000). · cites it 3× “" 725 ILCS 5/122-3 ( West 1996 ). Accordingly, the issue has been waived.”
People v. Ortiz, 919 N.E.2d 941 (Ill. 2009). “" 725 ILCS 5/122-3 (West 2006). This court has held, however, that the statutory bar to a successive postconviction petition will be relaxed "when fundamental fairness so requires.”
People v. Morgan, 719 N.E.2d 681 (Ill. 1999). · cites it 2× “According to defendant, counsel told him, in open court, that this agreement meant that he could not testify in his own behalf.”
People v. Ruiz, 2020 IL App (1st) 163145 (Ill. App. Ct. 2020). “at 456; see also 725 ILCS 5/122-3 (West 2018)), unless the defendant (i) shows cause for and prejudice from failing to raise the claim in the earlier petition or (ii) makes a 7 No.”
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