People v. Hommerson
2014 IL 115638
Ill.2014Background
- Hommmerson convicted in 2008 of two counts of first-degree murder and sentenced to natural life.
- In 2011, he filed a pro se postconviction petition alleging ineffective assistance of trial counsel.
- The petition did not include a verification affidavit required by 122-1(b).
- Circuit court dismissed the petition at first stage solely for lack of a verification affidavit.
- Appellate court affirmed the dismissal; this Court reverses and remands for second-stage proceedings.
- The Court clarifies that verification affidavits are not grounds for first-stage dismissal and may be addressed at second stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a missing verification affidavit support first-stage dismissal? | Hommerson | State | No; not at first stage; remand for second stage |
Key Cases Cited
- People v. Boclair, 202 Ill.2d 89 (2002) (first-stage focus on substantive virtue, not timeliness or minor defects)
- People v. Collins, 202 Ill.2d 59 (2002) (verification confirms allegations are made in good faith)
- People v. Blair, 215 Ill.2d 427 (2005) (statutory interpretation; legislative intent; stage separation of proceedings)
- People v. Cruz, 2013 IL 113399 (2013) (forfeiture of failure to object to lack of notarized verification)
- People v. Ellis, 199 Ill.2d 28 (2002) (court may not read language into statute not present)