People v. Wright

CHIEF JUSTICE FREEMAN,

specially concurring:

I strongly disagree with the conclusions reached in today’s opinion, particularly that which holds that section 122 — 1 of the Post-Conviction Hearing Act is a statute of limitation that can be waived by the State on appeal if not first raised in the circuit court. Because I cannot concur in my colleagues’ decision on this point, I join only in the judgment of the court.

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Section 122 — 1 of the Act states that no proceedings can be commenced under the Act after the passage of certain enumerated periods of time, unless the petition “alleges facts…