Gipson v. State

ORDER

Sommer, C.J.

This claim returns before the Court on Claimant’s petition for rehearing. In his petition, Claimant challenges the Court’s ruling concerning Claimant’s failure to exhaust other remedies, initially noting that Respondent had never raised the exhaustion issue and asserting that it therefore had been waived. Claimant cites Wilson v. State (1994), 46 Ill. Ct. Cl. 20, 24. Without referring to any authority for the proposition, Wilson expressly held:

“[T]he failure to raise the defense of the Claimant’s failure to exhaust other remedies is non-jurisdictional [sic]. If it is not…