IANAL - in looking at the judgement in one of these cases I can't make heads or tails of whether the decision is a 'win' or 'loss':
"¶ 4 The defendant filed a timely appeal, arguing that (1) the trial court erred in entering a summary dismissal more than 90 days after the petition was filed and docketed, and (2) the petition had stated the gist of a constitutional claim and thus should have proceeded to the second stage of postconviction proceedings. As we find the defendant's first argument correct, we do not reach the second.
...
¶ 11 Both of the parties before us rely upon the above-quoted portion of
Brooks. The defendant points to the supreme court's definition of the verb to docket as meaning to enter the petition into the official record for further proceedings, while the State relies on the supreme court's finding that, in that case, docketing occurred on the date when the clerk both entered the petition into the case file and set it for a hearing.
¶ 12
Brooks has been parsed and applied twice, both times contrary to the State's position here...
...
¶ 17 For the foregoing reasons, the judgment of the circuit court of Du Page County is reversed and the cause is remanded for further proceedings.
¶ 18 Reversed and remanded.
Presiding Justice BURKE and Justice ZENOFF concurred in the judgment and opinion.
https://casetext.com/case/people-v-lentz-7
It appears to me that the court is upholding the defense's interpretation of the law and not the State's.
