Opinion
No. 97326.
June 6, 2003.
Appeal from Rule 23 Order No. 1-00-3373.
Leave to appeal denied with order.
In the exercise of this court's supervisory authority, and in light of the fact that the appellate decision does not address the propriety of the trial court's order dismissing several claims raised in the pro se petition, the Appellate Court, First District, is directed to vacate its judgment in People v. Davis, No. 1-00-3373. Upon remand, the appellate court is directed to consider the propriety of the trial court's order dismissing all claims raised in the pro se petition for postconviction relief, including dismissal of the claim that the evidence was insufficient to prove defendant guilty beyond a reasonable doubt and dismissal of the claims that trial/appellate counsel was ineffective in failing: (1) to have a jury instruction issued for manslaughter or reckless homicide; (2) to insure that defendant had a fair trial because the evidence was insufficient to prove him guilty; and (3) to file a pretrial motion where a ballistics test was not conducted to match the bullet to a weapon. These are claims which the appellate court determined were raised in the pro se petition, but which were not specifically addressed in the appellate court's judgment.