People v. Harvey

Defendant Steve Harvey appeals from an order of the circuit court granting the State’s motion to dismiss his petition for relief from judgment filed pursuant to section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2 — 1401 (West 2004)). In it, defendant asserted that the dismissal of his postconviction petition filed in 1996 under the Post Conviction Hearing Act (the Act) (725 ILCS 5/122 — 1 et seq. (West 1994)) was a void judgment because the court did not properly dispose of his contemporaneous motion for substitution of judge, in contravention of section 114 — 5(d) of the Code of…