Defendant filed several postconviction petitions; did counsel have to file a Rule 651 certificate after each amended petition? Appellate court said no. [Read more…]
Can letters from family members be supporting affidavits?
Yes, but here Defendant's supporting affidavits were two letters from her mother and brother held were together with tape. [Read more…]
What is an affidavit?
Defendant's postconviction petition did not have a proper supporting affidavit so it was proper to dismiss it. This case also explains quite well the difference between a verifying petition and a supporting affidavit. [Read more…]