People v. Simms
2017 IL App (2d) 141251
| Ill. App. Ct. | 2017Background
- Daryl Simms was convicted of multiple offenses and sentenced to death; sentence later commuted to life imprisonment in 2003. Some postconviction claims were remanded by the Illinois Supreme Court for an evidentiary hearing.
- Simms filed an amended postconviction petition (1997); the trial court dismissed it in part, and the supreme court reversed as to perjury-related claims and remanded for an evidentiary hearing (People v. Simms, 192 Ill. 2d 348).
- On July 7, 2004, Simms filed a written withdrawal of the remaining postconviction claims; the trial court entered an order noting those claims were withdrawn and that no proceedings remained pending.
- In 2011 Simms sought relief under 735 ILCS 5/2-1401, which was dismissed as untimely; appellate counsel withdrew. In 2014 Simms filed a motion to reinstate his postconviction petition (reasserting the claims the supreme court had found meritorious).
- The trial court denied the 2014 motion as time-barred, relying on appellate decisions holding a reinstatement must occur within one year of voluntary dismissal; Simms appealed.
- The appellate court reversed, holding that trial courts retain discretion to reinstate a voluntarily withdrawn postconviction petition beyond one year if the movant pleads facts showing the delay was not due to his culpable negligence, and remanded for the trial court to exercise that discretion.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Simms) | Held |
|---|---|---|---|
| Whether a trial court may reinstate a voluntarily withdrawn postconviction petition more than one year after withdrawal, or whether reinstatement is categorically barred | One-year rule (and Code §13-217) limits reinstatement; postconviction proceedings must conform to that limit and later filings are untimely; jurisdiction may lapse | Trial court has discretion under Postconviction Act §122-5 to extend time for pleadings; beyond one year movant may plead facts showing delay was not due to culpable negligence and court should consider those facts | Trial court erred by denying reinstatement as untimely without considering whether Simms alleged facts showing the delay was not due to his culpable negligence; remand to exercise discretion |
Key Cases Cited
- People v. English, 381 Ill. App. 3d 906 (Ill. App. Ct.) (held that a voluntarily withdrawn postconviction petition may be reinstated automatically if refiled within one year under Code §13-217)
- People v. Simms, 192 Ill. 2d 348 (Ill. 2000) (Illinois Supreme Court reversed dismissal of certain postconviction claims and remanded for evidentiary hearing)
- People v. Morris, 219 Ill. 2d 373 (Ill. 2006) (addressed limits on reimposition of death penalty after commutation)