People v. Rivera

We granted leave to appeal (177 Ill. 2d R. 315(a)) in this case in order to decide whether the circuit court may, during the summary stage of a post-conviction proceeding, partially dismiss some claims raised in a post-conviction petition while advancing other claims raised in the same petition to the second stage of the proceeding. In this case, the circuit court believed that it could proceed in such fashion. The appellate court disagreed, holding that a “defendant’s postconviction petition must survive as a whole or be dismissed as a whole.” 315 Ill. App. 3d 454, 458. We now affirm the…