People v. MacRi, 962 N.E.2d 1125

Macri was convicted of first-degree murder, aggravated criminal sexual assault, and unlawful possession of a stolen motor vehicle; death sentence later commuted to life with concurrent terms.
After a 1996 pro se postconviction petition, the U.S. Supreme Court denied certiorari in 1999.
Macri withdrew the postconviction petition on April 26, 2004.
On February 2, 2010, Macri filed a Motion to Reinstate Post-Conviction Petition and a Supplemental Petition.
The trial court denied the motion on March 4, 2010; Macri appealed.
The central issue is whether refiling beyond one year is treated as a new original petition requiring remand under the Post-Conviction Hearing Act.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether refiling beyond one year is treated as a new original petition	Macri argued the supplemental petition is a new original petition auto-reinstated	State argued no automatic reinstatement unless trial court allowed reinstate	Not automatically reinstated; affirmed

People v. English, 381 Ill.App.3d 906 (Ill. App. 2d Dist. 2008) (construction of section 122-5 regarding withdrawal and refiling)
People v. Wright, 149 Ill.2d 36 (Ill. 1992) (trial court discretion under section 122-5)