2021 IL App (1st) 190022
Ill. App. Ct.2021Background
- Cooper pleaded guilty to first-degree murder in May 2018 and was sentenced to 45 years.
- The court advised Cooper he had 30 days to file a motion to withdraw his plea; the deadline fell on June 11, 2018 (Monday).
- Cooper’s pro se motion was file-stamped June 12, 2018 (one day late) and contained no Rule 12(b)(6) certification proving mailing from the prison.
- At the November 2018 hearing the court asked Cooper only whether June 12 was the filing date (to which he answered yes) and then addressed the merits, ultimately denying the motion as untimely and meritless.
- The appellate court held Cooper did not provide the Rule 12(b)(6)/§1-109 certification required to invoke the mailbox rule but found the trial court should have given him an opportunity to supplement the record with such a certification.
- The appellate court remanded for a limited purpose: to ask when Cooper mailed the motion and, if timely, allow him to supply a Rule 12(b)(6)/§1-109 certification and obtain appointed counsel under Rule 604(d); the court retained jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mailbox rule permits deeming Cooper’s filing timely despite the absence of a Rule 12(b)(6) certification | People: Cooper’s filing is untimely because he failed to provide Rule 12(b) proof of mailing | Cooper: Mailbox rule should apply; circumstantial evidence shows the motion was mailed on time | Held: Mailbox rule applies only if proof of mailing complies with Rule 12; Cooper did not supply required certification, so he cannot yet invoke the rule |
| Whether the trial court should have allowed supplementation and appointed counsel before deciding the merits | People: Court properly denied untimely motion and considered merits | Cooper: Court should have asked about mailing and allowed supplementation with Rule 12(b)(6)/§1-109 certification, triggering counsel appointment | Held: Trial court erred by not inquiring whether the motion was mailed on time or allowing supplementation; remand ordered for limited rehearing to permit certification and, if timely, appointment of counsel |
Key Cases Cited
- Secura Insurance Co. v. Illinois Farmers Insurance Co., 232 Ill. 2d 209 (Rule 373 requires proper Rule 12 proof of mailing to invoke the mailbox rule)
- People v. Garrett, 139 Ill. 2d 189 (remand with retained jurisdiction for further trial-court proceedings is appropriate)
- A.S. Schulman Electric Co. v. Village of Fox Lake, 115 Ill. App. 3d 746 (affidavit/certification may be used to establish timely mailing post hoc)
- People v. Tlatenchi, 391 Ill. App. 3d 705 (Rule 373 applies to motions to withdraw guilty pleas)