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PEOPLE v. STEWARD

No. 1-09-1006.

940 N.E.2d 140 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Steven STEWARD, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

December 3, 2010.

Attorney(s) appearing for the Case

Daniel T. Coyne, Matthew M. Daniels, Theresa M. Williams-Rule 711 Law Graduate and Stephen Wauck-2L Law Student, Law Offices of Chicago-Kent College of Law, of Chicago, for Appellant.

Anita Alvarez, State's Attorney of Cook County, of Chicago, (Alan J. Spellberg, Annette Collins, and Michele Grimaldi Stein, of counsel), for Appellee.

Justice HOWSE delivered the opinion of the court:

Defendant, Steven Steward, filed a petition for post-conviction relief on February 9, 2009, asserting his actual innocence. The trial court summarily dismissed defendant's petition, finding that it was frivolous and patently without merit. In doing so, the court determined that although defendant was detained under the Sexually Violent Persons Commitment Act (725 ILCS 207/1 (West 2008)), he was no longer imprisoned...

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