People v. Oury

In this appeal, the defendant, Deborah Oury, contends that it was error for the trial court to dismiss her post-conviction petition as frivolous and patently without merit. (See 725 ILCS 5/122 — 2.1(a) (West 1992).) She argues that her petition sufficiently raised a substantial violation of a constitutional right where her trial counsel failed to move for a new fitness hearing just prior to her trial, the defendant had spent the three months prior to her trial in a mental health hospital, and the court was aware of her mental illness. Because the trial court failed to follow the statutory…