People v. Lawton

I strongly agree with the majority that Lawton’s ineffective-assistance-of-counsel claim lacks merit. I strongly disagree with the majority that section 2 — 1401 provides a new procedural avenue for a defendant committed under the Sexually Dangerous Persons Act (SDPA) to assert an abandoned ineffective-assistance claim.

To obtain relief under section 2 — 1401, the defendant must show both a meritorious defense to the charges against him and due diligence in presenting it. See People v. Pinkonsly, 207 Ill. 2d 555, 565 (2003). Generally, a meritorious defense under section 2 — 1401 involves…