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PEOPLE v. TIDWELL

No. 108133.

923 N.E.2d 728 (2010)

236 Ill.2d 150

The PEOPLE of the State of Illinois, Appellee, v. Cleother TIDWELL, Appellant.

Supreme Court of Illinois.

January 22, 2010.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender, Thomas A. Lilien, Deputy Defender, Barbara R. Paschen, Assistant Appellate Defender, Office of the State Appellate Defender, Elgin, for appellant.

Lisa Madigan, Attorney General, Springfield, and Michael J. Waller, State's Attorney, Waukegan (Michael A. Scodro, Solicitor General, and Michael M. Glick and Drew Meyer, Assistant Attorneys General, Chicago, of counsel), for the People.

OPINION

Justice KARMEIER delivered the judgment of the court, with opinion.

At issue in this appeal is whether a motion or request is required to obtain a ruling allowing or denying leave to file a successive postconviction petition under section 122-1(f) of the Post-Conviction Hearing Act (Act) 725 ILCS 5/122-1(f) (West 2006), and whether a ruling rendered in the absence of a motion or request is subject...

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