People v. Jose CruzLower Court: 2013 IL App (1st) 091944, 375 Ill.Dec. 261, 997 N.E.2d 264 Disposition: Denied.

See, e.g., People v. Cruz, 2013 IL App (1st) 091944, ¶ 21, 997 N.E.2d 264; People v. Williams, 394 Ill.App.3d 236, 244, 914 N.E.2d 641, 649-50 (2009). In particular, in Williams, the court applied Lander and the cause-and-prejudice test to determine the defendant failed to show his reliance on a fellow inmate and prison law clerk in the preparation of his first postconviction petition was reasonable.

People v. Cruz, 2013 IL App (1st) 091944,¶ 24,997 N.E.2d 264 (citing Evans, 2013 IL 113471, ¶ 13) (defendant claiming ignorance of the law as cause for failure to assert a successive postconviction claim in his initial petition).¶ 42 Regarding defendant's claim of "serious mental illness," the record belies the trial court was aware of what had transpired before defendant entered his guilty plea. Trial counsel's motion for fitness resulted in an evaluation finding defendant fit to stand trial and, although suffering from mental illness, defendant was fully capable of understanding the charges, the legal process, and possible outcomes, as well as cooperating with counsel.

People v. Cruz, 2013 IL App (1st) 091944, ¶ 48, 375 Ill.Dec. 261, 997 N.E.2d 264. The allegations of the petition, taken as true and liberally construed, need only present the gist of a constitutional claim.