People v. Stoffel

Justices Freeman, Thomas, and Theis concurred in the judgment and opinion.

Justice Karmeier dissented, with opinion, joined by Chief Justice Kilbride and Justice Garman.

OPINION

The primary issue presented in this case is whether, in light of section 122 — 1(d) of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1(d) (West 2006)) and this court’s decision in People v. Shellstrom, 216 Ill. 2d 45 (2005), a trial court’s decision not to “recharacterize” a pleading filed by a pro se defendant as a postconviction petition may be reviewed for error. The appellate court held that it may and,…