People v. Carter, 2015 IL 117709

Carter was convicted of the 2002 murder of Edmond Allen with a 25-year firearm-enhancement; the court later amended to a 20-year term due to the enhancement.
Postconviction petitions were filed pro se alleging ineffective assistance and prosecutorial misconduct and were summarily dismissed as frivolous.
Appellate court affirmed the dismissal; this court denied leave to appeal.
On May 9, 2012, Carter mailed a Motion to Vacate Judgment arguing the firearm enhancement was void and asserting service via institutional mail; the petition listed the Clerk of Court and State’s Attorney as recipients.
Circuit court dismissed the petition on July 10, 2012 on the merits, noting the 2-1401 petition and indicating the enhancement issue and the court’s prior statements.
Appellate court remanded for further proceedings, but this Court reverses and affirms the circuit court judgment, directing a decision based on proper legal analysis of service and notice under Rule 105 and related rules.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sua sponte dismissal of a 2-1401 petition was premature given service issues.	Carter contends service on the State was deficient, so dismissal was premature.	State argued no deficiency or that the State had knowledge, waiving improper service.	Record insufficient to prove deficient service; dismissal not prematurely on the merits.
Whether Rule 105(b) notice requirements were satisfied for service on the State.	Service did not strictly comply with Rule 105(b).	Alternative theories show potential substantial compliance or actual knowledge.	Record does not affirmatively show deficient service; cannot find error based on service.
Whether the appellate court correctly remanded based on service issues or should affirm based on the circuit court record.	Remand required to address service and notice defects.	No clear service defect demonstrated; remand inappropriate.	Appellate court reversal; circuit court affirmed; proper record-based approach required.

People v. Vincent, 226 Ill. 2d 1 (Ill. 2007) (when State does not answer, 2-1401 petitions ripe for adjudication)
People v. Laugharn, 233 Ill. 2d 318 (Ill. 2009) (premature sua sponte dismissal deprives State of time to plead)
In re Gulla, 234 Ill. 2d 414 (Ill. 2009) (presumption of validity of circuit court order; record missing shows error)