People v. Tidwell

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Burke concurred in the judgment and opinion.

OPINION

At issue in this appeal is whether a motion or request is required to obtain a ruling allowing or denying leave to file a successive postconviction petition under section 122 — 1(f) of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1(f) (West 2006)), and whether a ruling rendered in the absence of a motion or request is subject to review in the appellate court. We hold that the circuit court is not obliged to rule in the absence of a motion or request, but…