People v. Perry

This is an appeal from an order of the circuit court dismissing the pro se petition of defendant Arlo Perry (Perry) for postconviction relief under the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122 — 1 et seq. (West 1994)). In dismissing the untimely filed petition, the circuit court determined Perry’s delay in filing was not excused under the Act’s "culpable negligence” standard. On appeal, Perry alleges dismissal of his petition was improper for two reasons: (1) the circuit court erroneously failed to consider the issue of Perry’s lack of culpable negligence, and (2) Perry’s factual…