People v. Daniel

Defendant, however, failed to seek leave to file the petition prior to filing his successive petition. Including a request for leave to file a successive postconviction petition within the second postconviction petition does not comport with the statutory requirement that a petitioner seek leave prior to filing a successive postconviction petition (725 ILCS 5/122 — 1(f) (West 2006)). Therefore, we affirm.

I. BACKGROUND

In August 1991, the State charged defendant with three counts of first degree murder (Ill. Rev. Stat. 1991, ch. 38, par. 9 — 1(a)(1), (a)(2)) arising out of the death of Earley…