The appellant in People v. Allen, 2020 IL App (3d) 180317, appealed the decision of the trial court dismissing Allen’s petition for relief from judgment, arguing on appeal that the circuit court denied him his right to due process by granting the State’s motion to dismiss without notifying or giving Allen an opportunity to respond. The Third District ultimately vacated the circuit court’s order granting the State’s motion to dismiss and remanded for further proceedings.

John Allen Jr. was convicted of two counts of aggravated battery and sentenced to two concurrent terms of 22 years imprisonment. Id. at ¶…
Continue Reading Trial court erred by granting State’s motion to dismiss 2-1401 petition when petitioner did not have opportunity to respond