People v. Novak

On December 26, 1989, defendant Dennis Novak filed a pro se petition pursuant to the Post-Conviction Hearing Act (Act) (Ill. Rev. Stat. 1989, ch. 38, pars. 122—1 through 122—8) in the circuit court of Adams County. On January 3, 1990, the State filed a motion to dismiss. On January 23, 1990, a hearing was held with only the State present, and the court, granting the motion, dismissed defendant’s petition. Defendant appeals, alleging this procedure violates the requirement of the Act. The State now agrees. We reverse and remand.

The Act sets forth the procedure to be used in evaluating claims…