People v. Marino

Joseph Marino appeals the trial court’s dismissal of his petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122—1 et seq. (West 2006)). The trial court found that the petition was untimely filed and that, because a discovery rule does not apply to postconviction actions, the late discovery of a claim that is not based on a change of law does not permit late filing under section 122—1(c) of the Act (725 ILCS 5/122—1(c) (West 2006)). We disagree that the late discovery of a preexisting claim absolutely precludes a defendant from filing a petition after the statutory deadline.…