People v. Gardner

In 1995, Clarence Gardner was convicted of first degree murder and sentenced to 35 years in prison. We affirmed his conviction and sentence on direct appeal in 1996. People v. Gardner, 282 Ill. App. 3d 209, 668 N.E.2d 125 (1996). In December 2000, Gardner filed a post-conviction petition, which the trial court denied as untimely. The trial court also found his petition frivolous and without merit. Gardner appeals the trial court’s summary dismissal, contending: (1) the delay in filing the petition was not due to his culpable negligence; and (2) under People v. Strain, 194 Ill. 2d 467, 742…