People v. Cruz
2013 IL 113399
Ill.2013Background
- Cruz was convicted of first degree murder and attempted first degree murder and sentenced to 60 and 30 years respectively.
- Postconviction petition filed June 2, 1999; untimeliness undisputed under 725 ILCS 5/122-1(c).
- Special safety valve allows untimely filing if delay not due to culpable negligence; dispute over applicability.
- Cruz filed a supplemental petition alleging lack of culpable negligence, citing illiteracy in law, English fluency, jailhouse help, and inadequate law library access.
- An unsigned, undated Affidavit attached to the first supplemental petition lacked notarization; a later notarized affidavit accompanied a second supplement.
- Appellate court held lack of notarization a nullity; Supreme Court held State forfeited argument by not raising it in trial court and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State forfeited the notarization challenge | Cruz argues lack of culpable negligence defense should be considered; notarization issue ignored previously. | State can raise lack of notarization on appeal, not waived if timely in trial court. | State forfeited; not raised in trial court. |
| Whether untimely petition can be excused by lack of culpable negligence | Cruz asserts illiteracy, reliance on jailhouse lawyers, and limited access excuse delay. | Untimeliness not excused; substantial showing required for culpable negligence absent proper documentation. | Petition may proceed on merits after remand; timeliness question preserved for appellate review. |
| Whether the second-stage procedures and pleadings complied with section 122-5 | Second supplement should be considered with lack of culpable negligence claims. | State could have amended, but failed to raise notarization issue in trial court. | Remand to appellate court for full merits review; procedural default not fatal. |
Key Cases Cited
- People v. Turner, 2012 IL App (2d) 100819 (Ill. App. (2d) 2012) (forfeiture of notarization issue when not raised in trial court)
- Boclair v. Illinois, 202 Ill. 2d 89 (Ill. 2002) (timeliness and procedural default under postconviction act)
- People v. Rissley, 206 Ill. 2d 403 (Ill. 2003) (special safety valve for untimely postconviction petitions)
- People v. Thompson, 238 Ill. 2d 598 (Ill. 2010) (forfeiture of issues not raised in trial court on appeal)
- People v. Cruz, No. 1-96-0575 (1998) (unpublished order under Rule 23) (Ill. App. (1st) 1998) (case history of direct appeal; pre-postconviction context)