The PEOPLE v. Montgomery

Walter Montgomery was indicted for murder, two counts of rape, and assault with intent to commit rape. Counsel was appointed and defendant pleaded not guilty. Following a jury determination that he was competent to stand trial, defendant changed his pleas to guilty and was sentenced on February 28, 1958. He now appeals the judgment of the circuit court of Cook County, which dismissed his amended post-conviction petition first filed pro se on July 25, 1968.

At the time of Montgomery’s conviction, the limitation period for filing petitions under the Post-Conviction Hearing Act was five years,…