People v. Gunartt

15 Citing cases

  1. People v. Carter

    2018 Ill. App. 161178 (Ill. App. Ct. 2018)

    We conclude that he did not. ¶ 18 Defendant bears the "heavy burden" to affirmatively show why the tardiness of the petition was not due to his culpable negligence. People v. Gunartt, 327 Ill. App. 3d 550, 552 (2002). The phrase "culpable negligence" contemplates "something greater than ordinary negligence and is akin to recklessness."

  2. People v. Brown

    2022 Ill. App. 2d 200721 (Ill. App. Ct. 2022)   Cited 1 times

    ¶ 22 "Lack of culpable negligence is very difficult to establish." People v. Gunartt, 327 Ill.App.3d 550, 552 (2002). "A defendant bears a heavy burden to affirmatively show why the exception to the statute of limitations applies to his case."

  3. People v. Davis

    2013 Ill. App. 113668 (Ill. App. Ct. 2013)

    Defendant bears the"heavy burden" to affirmatively show why the tardiness of the petition was not due to his culpable negligence. People v. Gunartt, 327 Ill. App. 3d 550, 552 (2002). The phrase "culpable negligence" contemplates "something greater than ordinary negligence and is akin 21 to recklessness."

  4. People v. Davis

    2012 Ill. App. 113668 (Ill. App. Ct. 2013)

    725 ILCS 5/122-1(c) (West 2010). ¶ 46 Defendant bears the"heavy burden" to affirmatively show why the tardiness of the petition was not due to his culpable negligence. People v. Gunartt, 327 Ill. App. 3d 550, 552 (2002). The phrase "culpable negligence" contemplates "something greater than ordinary negligence and is akin to recklessness."

  5. U.S. ex Rel. Robinson v. McAdory

    No. 99 C 0593 (N.D. Ill. Mar. 6, 2003)

    The appellate court affirmed, but on the ground that the petition, filed more than three years from the date of his conviction, was not timely filed. See 725 ILCS 5/122-1(c); People v. Gunartt, 327 Ill. App.3d 550, 551-52, 763 N.E.2d 862, 864 (2002). Robinson then filed this habeas corpus petition, raising 19 individual claims.

  6. People v. Landem

    2024 Ill. App. 230381 (Ill. App. Ct. 2024)

    People v. Evans, 2017 IL App (1st) 143268, ¶ 26. It is "very difficult" to show a lack of culpable negligence (People v. Turner, 337 Ill.App.3d 80, 86 (2003)), and a defendant "bears a heavy burden to affirmatively show why the exception to the statute of limitations applies to his case" (People v. Gunartt, 327 Ill.App.3d 550, 552 (2002)). Vague or conclusory assertions are insufficient.

  7. People v. Kirilyuk

    2024 Ill. App. 2d 230154 (Ill. App. Ct. 2024)

    ¶ 33 "Lack of culpable negligence is very difficult to establish." People v. Gunartt, 327 Ill.App.3d 550, 552 (2002).

  8. People v. Leon

    2022 Ill. App. 191367 (Ill. App. Ct. 2022)   Cited 3 times

    People v. Hobson, 386 Ill.App.3d 221, 233 (2008). It is "very difficult" to show a lack of culpable negligence (People v. Turner, 337 Ill.App.3d 80, 86 (2003)), and "[a] defendant bears a heavy burden to affirmatively show why the exception to the statute of limitations applies to his case" (People v. Gunartt, 327 Ill.App.3d 550, 552 (2002)). In other words, vague or conclusory allegations are insufficient.

  9. People v. Chaffin

    2021 Ill. App. 200453 (Ill. App. Ct. 2021)

    Lander, 215 Ill.2d at 588. It is "very difficult" to show a lack of culpable negligence (People v. Turner, 337 Ill.App.3d 80, 86 (2003)), and a "defendant bears a heavy burden to affirmatively show why the exception to the statute of limitations applies to his case" (People v. Gunartt, 327 Ill.App.3d 550, 552 (2002)). "A trial court's findings of fact regarding whether a petition's untimeliness was due to culpable negligence will not be reversed unless manifestly erroneous, but the trial court's ultimate decision as to whether the established facts demonstrate culpable negligence is reviewed de novo."

  10. People v. Amos

    2020 Ill. App. 171802 (Ill. App. Ct. 2020)

    "Lack of culpable negligence is very difficult to establish" and "[a] defendant bears a heavy burden to affirmatively show why the exception to the statute of limitations applies to his case." People v. Gunartt, 327 Ill. App. 3d 550, 552 (2002).