People v. Edwards

JUSTICE FITZGERALD,

specially concurring:

I agree with the majority that the trial court erred in summarily dismissing the defendant’s post-conviction petition. I write separately to discuss the confusion surrounding so-called first-stage dismissals under section 122 — 2.1(a)(2) of the Act. Understandably, there is great reluctance to accept dismissal of a petition filed by an indigent defendant without the benefit of counsel. This reluctance, and the vague language contained in section 122 — 2.1, have led to the use of the terms “gist” and “low threshold” in an effort to define the first-stage…