People v. McCaskill, 976 N.E.2d 1059

McCaskill was convicted of robbery after identifications at trial and sentenced to 15 years.
He filed a pro se postconviction petition stamped ‘Filed’ February 16, 2010; it appeared on circuit court call June 2, 2010.
The trial court summarily dismissed the petition as frivolous and patently without merit on August 6, 2010.
McCaskill filed a late notice of appeal; this court allowed the appeal from the dismissal.
The issue focused on whether the 90-day filing/docketing deadline under 725 ILCS 5/122-2.1 was violated, voiding the dismissal.
The appellate court held the dismissal was void because the petition was filed/docketed within the 90-day period, requiring remand for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 90-day filing/docketing rule was violated	McCaskill: filing/docketing date is Feb 16, 2010	State: June 2, 2010 docketing date controls	Void dismissal; remand for 122-4 to 122-6 proceedings
Whether petition states cognizable ineffective-assistance claims	Petition alleges IAC of appellate counsel	Not adequately stated or preserved	Not addressed on merits; remand for consideration
Whether petition states cognizable IAC by trial counsel for allowing testimony	Petition asserts trial counsel ineffective for not allowing testimony	Merits not addressed in the disposition	Not addressed on merits; remand for consideration

People v. Brooks, 221 Ill. 2d 381 (2006) (docketing defined by clerk’s filing date; 90-day rule applies)
People v. Vasquez, 307 Ill. App. 3d 670 (1999) (90-day requirement governs timing for postconviction review)
People v. Porter, 122 Ill. 2d 64 (1988) (mandatory nature of 90-day period; void if not followed)
Donoho v. People, 204 Ill. 2d 159 (2003) (statutory interpretation of postconviction timing)
Gibson v. People, 377 Ill. App. 3d 748 (2007) (petition stamped ‘Filed’ marks filing and docketing date)
Brooks v. People, 221 Ill. 2d 381 (2006) (definitive interpretation of docketing under 122-2.1)