Background
Terrance D. Williams pleaded guilty in October 2021 to armed violence under a negotiated agreement. The Jefferson County circuit court sentenced him to 25 years in prison followed by 18 months of mandatory supervised release, and dismissed other charges. Williams did not move to withdraw his plea or take a direct appeal.
In August 2024, Williams filed a pro se petition for relief from judgment under section 2-1401 of the Illinois Code of Civil Procedure. He alleged due-process and ineffective-assistance claims tied to a prior Cook County armed-robbery disposition and sought a new sentencing hearing. The State moved to dismiss because the petition was filed more than two years after the October 2021 judgment. The circuit court granted the motion.
The Court’s Holding
The appellate court affirmed. A section 2-1401 petition challenging a criminal judgment generally must be filed within two years of the conviction and sentence. Williams’s limitations period expired on October 12, 2023, but he did not file until August 12, 2024.
The court rejected Williams’s position that the limitations period ran from the circuit court’s 2023 order disposing of his postconviction petition. The relevant judgment was the October 2021 conviction and sentence. Williams neither alleged nor established a basis for tolling based on legal disability, duress, or fraudulent concealment. The court also granted appointed appellate counsel leave to withdraw under Pennsylvania v. Finley.
Key Takeaways
- For a criminal section 2-1401 petition, the two-year filing period runs from entry of the conviction and sentence.
- A later postconviction ruling does not restart the limitations period for a petition attacking the original judgment.
- Tolling requires a showing of legal disability, duress, or fraudulent concealment.
Why It Matters
The decision reinforces the strict timing rule for section 2-1401 relief in criminal cases. Defendants seeking to challenge a conviction or sentence through that procedure must calculate the deadline from the original judgment and plead a recognized tolling basis if filing late.