People v. Pack
Illinois Supreme Court
1Opinion of the CourtJustice Burke
Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.
OPINION
The Illinois Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 (West 2004)) requires a petitioner to be “imprisoned in the penitentiary” before a postconviction petition may be filed. In the instant case, defendant James L. Pack was serving the second of two consecutive sentences when he attempted to file a postconviction petition challenging the conviction which led to his first sentence. The circuit court of Tazewell County dismissed his petition, finding…
2Cases cited14 opinions
- Peyton v. RoweSupreme Court of the United States · 1968
- People v. EdwardsIllinois Supreme Court · 2001
- Garlotte v. FordiceSupreme Court of the United States · 1995
- People v. WagenerIllinois Supreme Court · 2001
- People v. CorreaIllinois Supreme Court · 1985
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