Legal Opinion

People v. Rucker

Appellate Court of Illinois

Decided June 27, 2018No. 2-15-0855UnpublishedCited by 2 opinions

1Opinion of the CourtJustice Jorgensen

*858 ¶ 1 Defendant, Adrian A. Rucker, appeals from the dismissal of his pro se petition for relief from judgment under section 2-1401 of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-1401 (West 2016) ), arguing that (1) the trial court dismissed the petition before it was ripe for adjudication, doing so only 14 days after the State moved to dismiss, which was 7 days short of the period allowed by Illinois Supreme Court Rule 182(a) (eff. Jan. 1, 1967), and (2) he was deprived of due process when the trial court dismissed his petition before he had an opportunity to meaningfully respond. We…

2Cases cited14 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Pennsylvania v. FinleySupreme Court of the United States · 1987
  3. People v. VincentIllinois Supreme Court · 2007
  4. Sarkissian v. Chicago Board of EducationIllinois Supreme Court · 2002
  5. People Ex Rel. Birkett v. KonetskiIllinois Supreme Court · 2009

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3Cited by2 opinions

  1. People v. RuckerAppellate Court of Illinois · 2019
  2. Burns v. LifferthAppellate Court of Illinois · 2019

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