The People v. O'Leary

This is an appeal from an order granting the State’s Attorney’s motion to dismiss a petition under the Illinois Post-Conviction Hearing Act.

The appellant, Kenneth O’Leary, after a jury trial, was found guilty of burglary in the circuit court of Morgan County on November 26, 1968, and was sentenced to serve two to ten years in the penitentiary. A post-conviction petition was filed, and on March 27, 1969, the court appointed the public defender to represent the defendant at a post-conviction hearing. The State’s Attorney filed a motion to dismiss the petition, which was granted on a hearing…