{ "id": 4273703, "name": "WILLIE L. GIBSON, Petitioner-Appellant, v. THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellee", "name_abbreviation": "Gibson v. People", "decision_date": "2007-12-21", "docket_number": "No. 2-06-0821", "first_page": "748", "last_page": "752", "citations": [ { "type": "official", "cite": "377 Ill. App. 3d 748" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "187 Ill. 2d 448", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 1131034 ], "weight": 2, "year": 1999, "pin_cites": [ { "page": "451", "parenthetical": "holding that, when an amended postconviction petition is filed during the initial 90-day period, the 90-day period restarts and the trial court has 90 days from the date of the filing of the amended petition to determine whether it is frivolous or patently without merit" }, { "page": "451" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/187/0448-01" ] }, { "cite": "168 Ill. 2d 509", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 307270 ], "year": 1995, "pin_cites": [ { "page": "541" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/168/0509-01" ] }, { "cite": "129 Ill. 2d 265", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5567220 ], "year": 1989, "pin_cites": [ { "page": "274" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/129/0265-01" ] }, { "cite": "37 Ill. 2d 617", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2864159 ], "weight": 2, "year": 1967, "pin_cites": [ { "page": "619-21" }, { "page": "621" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/37/0617-01" ] }, { "cite": "181 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 821414 ], "weight": 3, "year": 1998, "pin_cites": [ { "page": "22" }, { "page": "22" }, { "page": "22" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/181/0001-01" ] }, { "cite": "307 Ill. App. 3d 670", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 173580 ], "weight": 2, "year": 1999, "pin_cites": [ { "page": "672" }, { "page": "673" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/307/0670-01" ] }, { "cite": "122 Ill. 2d 64", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5549473 ], "year": 1988, "pin_cites": [ { "page": "86" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/122/0064-01" ] }, { "cite": "221 Ill. 2d 381", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5703823 ], "weight": 2, "year": 2006, "pin_cites": [ { "page": "389" }, { "page": "391" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/221/0381-01" ] }, { "cite": "192 Ill. 2d 348", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 453257 ], "year": 2000, "pin_cites": [ { "page": "360" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/192/0348-01" ] }, { "cite": "204 Ill. 2d 159", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 609702 ], "year": 2003, "pin_cites": [ { "page": "172" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/204/0159-01" ] } ], "analysis": { "cardinality": 398, "char_count": 7802, "ocr_confidence": 0.774, "pagerank": { "raw": 6.489744219393054e-08, "percentile": 0.39922018619618366 }, "sha256": "e0f419b2464259e952b47626befd83388a7c2df28528ce781fba43d8b86079b7", "simhash": "1:bd8a741b72c59dd4", "word_count": 1270 }, "last_updated": "2023-07-14T17:30:19.728803+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "WILLIE L. GIBSON, Petitioner-Appellant, v. THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellee." ], "opinions": [ { "text": "JUSTICE HUTCHINSON\ndelivered the opinion of the court:\nPetitioner, Willie L. Gibson, appeals the trial court\u2019s order summarily dismissing his petition for postconviction relief, pursuant to section 122 \u2014 2.1(a)(2) of the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122\u20142.1(a)(2) (West 2004)). Petitioner contends that his petition was improperly dismissed and should have been considered pursuant to sections 122 \u2014 4 through 122 \u2014 6 of the Act (725 ILCS 5/122\u20144 through 122\u20146 (West 2004)) because the trial court failed to dismiss his petition within 90 days of filing and docketing. We reverse and remand.\nOn December 28, 2005, petitioner filed a pro se petition for relief under the Act (see 725 ILCS 5/122\u20141 et seq. (West 2004)). On that date, petitioner also filed a motion asking that his petition be heard by a judge other than Judge Victoria Rossetti because the petition alleged her misconduct as the trial judge. On January 26, 2006, petitioner filed a handwritten document reiterating many of the claims he made in his petition and in his motion for substitution of judge.\nOn February 28, 2006, Judge Rossetti transferred the matter to Judge Christopher Starck. On March 3, 2006, Judge Starck reviewed the handwritten January 26 document and stated that, although it contained some \u201cbland references to a substitution from Judge Rossetti,\u201d more specific allegations were contained in the December 28, 2005, petition. Judge Starck determined that \u201cthe document on January 26th apparently is more of a letter.\u201d Judge Starck continued the matter to review the December 28, 2005, petition. After two more continuances, Judge Starck ordered petitioner to appear in court to present argument on his motion for substitution of judge.\nOn April 26, 2006, Judge Starck conducted a hearing on petitioner\u2019s motion for substitution of judge. Following argument, Judge Starck denied petitioner\u2019s motion and returned the case to Judge Rossetti.\nOn June 26, 2006, Judge Rossetti entered a written order summarily dismissing petitioner\u2019s postconviction petition, finding that each of the claims was waived, barred by res judicata, or otherwise without merit. Petitioner timely appeals following the denial of his motion to reconsider.\nPetitioner contends that the order of summary dismissal was void under the Act because it was rendered more than 90 days after the date the petition was filed and docketed, in this case December 28, 2005. Because of the trial court\u2019s failure to timely rule on the petition, petitioner argues that his petition should have been considered pursuant to sections 122 \u2014 4 through 122 \u2014 6 of the Act. This issue presents a question regarding the interpretation of a statute; thus, our review is de novo. People v. Donoho, 204 Ill. 2d 159, 172 (2003). Additionally, we review de novo the trial court\u2019s dismissal of a postconviction petition without an evidentiary hearing. People v. Simms, 192 Ill. 2d 348, 360 (2000).\nSection 122 \u2014 2.1 of the Act provides in relevant part:\n\u201c(a) Within 90 days after the filing and docketing of each petition, the court shall examine such petition and enter an order thereon pursuant to this Section.\n(2) If the petitioner is sentenced to imprisonment and the court determines the petition is frivolous or is patently without merit, it shall dismiss the petition ***. ***\n(b) If the petition is not dismissed pursuant to this Section, the court shall order the petition to be docketed for further consideration in accordance with Sections 122 \u2014 4 through 122 \u2014 6.\u201d 725 ILCS 5/122 \u2014 2.1(a)(2), (b) (West 2004).\nThis statutory period of 90 days is mandatory, and the trial court\u2019s failure to comply with this requirement renders its dismissal order void. People v. Brooks, 221 Ill. 2d 381, 389 (2006), citing People v. Porter, 122 Ill. 2d 64, 86 (1988); see also People v. Vasquez, 307 Ill. App. 3d 670, 672 (1999).\nIn the present case, petitioner\u2019s petition for postconviction relief was filed on December 28, 2005, and the trial court\u2019s ruling was entered on June 26, 2006. The trial court\u2019s ruling was clearly more than 90 days past the date of filing, and therefore petitioner was entitled to have his petition considered under sections 122 \u2014 4 through 122 \u2014 6 of the Act. See Vasquez, 307 Ill. App. 3d at 673. Even if we were to consider petitioner\u2019s January 26, 2006, filing as an amended petition, the trial court\u2019s June 26, 2006, ruling was still beyond the 90 days permitted under the statute. See People v. Watson, 187 Ill. 2d 448, 451 (1999) (holding that, when an amended postconviction petition is filed during the initial 90-day period, the 90-day period restarts and the trial court has 90 days from the date of the filing of the amended petition to determine whether it is frivolous or patently without merit).\nThe State responds, without citation to authority, that because petitioner also filed a motion requesting a substitution of judge, the postconviction petition could not be considered until it was determined which judge could properly consider the petition. The State concludes that the petition could not be \u201cdocketed\u201d until the substitution motion was decided and that the 90-day period did not begin until after April 26, 2006.\nBeyond its lack of authority, the State\u2019s position is meritless for two reasons. First, the Illinois statutory provisions relating to substitutions of judges do not apply in postconviction proceedings. People v. Thompkins, 181 Ill. 2d 1, 22 (1998), citing People v. Wilson, 37 Ill. 2d 617, 619-21 (1967). Our supreme court has recognized some circumstances in which trial judges should recuse themselves because of bias or prejudice in postconviction proceedings. Thompkins, 181 Ill. 2d at 22, citing Wilson, 37 Ill. 2d at 621; People v. Del Vecchio, 129 Ill. 2d 265, 274 (1989). \u201c[O]nly under the most extreme cases is disqualification on the basis of bias or prejudice constitutionally required.\u201d Thompkins, 181 Ill. 2d at 22, citing People v. Coleman, 168 Ill. 2d 509, 541 (1995). Even so, in none of the foregoing cases does the filing of a motion for substitution of judge toll or extend the provisions of section 122 \u2014 2.1 of the Act, and we decline to hold otherwise.\nSecond, in Brooks, our supreme court stated that \u201c[t]o \u2018docket\u2019 requires that the cause be entered in an official record.\u201d Brooks, 221 Ill. 2d at 391. Here, petitioner\u2019s pro se postconviction petition was stamped \u201cFiled\u201d by Sally D. Coffelt, circuit clerk, on December 28, 2005. Under the principles announced in Brooks, petitioner\u2019s case was docketed as of December 28, 2005, and was required to have been examined within 90 days (see 725 ILCS 5/122 \u20142.1(a) (West 2004)) or, in the event the January 26, 2006, document was considered to be an amended postconviction petition, within 90 days of that date (see Watson, 187 Ill. 2d at 451).\nBecause the trial court acted on petitioner\u2019s postconviction petition beyond the 90-day deadline for summary dismissal, it acted without authority. Consequently, petitioner was entitled to have his petition considered under sections 122 \u2014 4 through 122 \u2014 6 of the Act, and we remand this case for that purpose.\nFor the foregoing reasons, we reverse the order of the circuit court of Lake County dismissing petitioner\u2019s postconviction petition, and we remand the case for further proceedings.\nReversed and remanded.\nMcLAREN and BYRNE, JJ., concur.", "type": "majority", "author": "JUSTICE HUTCHINSON" } ], "attorneys": [ "Thomas A. Lilien, of State Appellate Defender\u2019s Office, of Elgin, for appellant.", "Michael J. Waller, State\u2019s Attorney, of Waukegan (Lawrence M. Bauer and Cynthia N. Schneider, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." ], "corrections": "", "head_matter": "WILLIE L. GIBSON, Petitioner-Appellant, v. THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellee.\nSecond District\nNo. 2\u201406\u20140821\nOpinion filed December 21, 2007.\nThomas A. Lilien, of State Appellate Defender\u2019s Office, of Elgin, for appellant.\nMichael J. Waller, State\u2019s Attorney, of Waukegan (Lawrence M. Bauer and Cynthia N. Schneider, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." }, "file_name": "0748-01", "first_page_order": 764, "last_page_order": 768 }