Civil procedure — mailbox rule

Posted November 17, 2021 10:13 AM

Where a pro se defendant files a motion to withdraw their guilty plea which is received and stamped by the clerk of the circuit court one day after the 30-day deadline, the appropriate step by the circuit court is to determine if the motion was mailed within the deadline and so timely under Illinois Supreme Court Rule 373 and if proof of this can be obtained.The 1st District Appellate Court remanded with directions a decision from Cook County Associate Judge Thomas J. Hennelly.Todd Cooper was charged with numerous counts …

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