People v. Lemons

I respectfully dissent. Previous decisions have required pro se petitioners to state only “the gist of a claim” in order to survive dismissal at the first stage of a post-conviction proceeding. The majority concedes petitioner states the gist of a claim here: “her first claim would suffice (if properly supported) to at least afford a basis for relief under the Act.” 242 Ill. App. 3d at 948.

Even before the 1983 amendments, which added section 122 — 2.1 to the Act, post-conviction petitioners were not automatically entitled to an evidentiary hearing. There were obstacles, strict pleading…