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