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375 Ill. App. 3d 829

875 N.E.2d 153

314 Ill.Dec. 643

People v. Shipp

Appellate Court of Illinois

Decided September 5, 2007

Appellate Court of Illinois · decided 2007-09-05

Cited by 8 later decisions — most recently April 2020

8 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-09-05

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JUSTICE COOK,

¶1dissenting:

¶2I would address the ruling of the trial court. We should not allow the State to raise for the first time in this court the issue that defendant failed to obtain leave from the trial court to file a successive postconviction petition. The State gains an advantage by raising these issues for the first time in the reviewing court. “If the State had raised the issue in the trial court, the trial court may have granted leave to file the petition or allowed it to be amended.” DeBerry, 372 Ill. App. 3d at 1061, 868 N.E.2d at 385 (Cook, J., dissenting). Even if the trial court denied leave to amend, raising the issue in the trial court would have saved the trial court time and effort, the purpose of section 122 — 1(f). If the State was dissatisfied with the trial court’s ruling, it could have filed an objection after the ruling was received.

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