Rule 651. Appeals in Post-Conviction Proceedings | Statutes | Westlaw

Rule 651. Appeals in Post-Conviction Proceedings | Statutes | Westlaw

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Rule 651. Appeals in Post-Conviction Proceedings

IL R S CT Rule 651West's Smith-Hurd Illinois Compiled Statutes AnnotatedCourt Rules (Approx. 2 pages)

Rule 651. Appeals in Post-Conviction Proceedings

IL R S CT Rule 651West's Smith-Hurd Illinois Compiled Statutes AnnotatedCourt Rules (Approx. 2 pages)

West's Smith-Hurd Illinois Compiled Statutes Annotated
Court Rules
Illinois Supreme Court Rules (Refs & Annos)
Article VI. Appeals in Criminal Cases, Post-Conviction Cases, and Juvenile Court Proceedings (Refs & Annos)
ILCS S. Ct. Rule 651
Formerly cited as IL ST CH 110A ¶ 651; IL ST S. Ct. Rule 651
Rule 651. Appeals in Post-Conviction Proceedings
(a) Right of Appeal. An appeal from a final judgment of the circuit court in any postconviction proceeding shall lie to the Appellate Court in the district in which the circuit court is located.
(b) Notice to Petitioner of Adverse Judgment. Upon the entry of a judgment adverse to a petitioner in a postconviction proceeding, the clerk of the trial court shall at once mail or deliver to the petitioner a notice in substantially the following form:
“You are hereby notified that on __________ the court entered an order, a copy of which is enclosed herewith. You have a right to appeal to the Illinois Appellate Court in the district in which the circuit court is located. If you are indigent, you have a right to a transcript of the record of the postconviction proceedings and to the appointment of counsel on appeal, both without cost to you. To preserve your right to appeal you must file a notice of appeal in the trial court within 30 days from the date the order was entered.”
(c) Record for Indigents; Appointment of Counsel. Upon the timely filing of a notice of appeal in a postconviction proceeding, if the trial court determines that the petitioner is indigent, the procedures for appointment of counsel and provision of the report on proceedings shall be governed by Rule 607. In a postconviction proceeding, the appellant or appellant's counsel shall, upon written request, be provided the postconviction report of proceedings and any relevant report of proceedings not previously provided to the appellant or appellant's counsel.
The record filed in that court shall contain a showing, which may be made by the certificate of petitioner's attorney, that the attorney has consulted with petitioner by phone, mail, electronic means or in person to ascertain his or her contentions of deprivation of constitutional rights, has examined the record of the proceedings at the trial, and has made any amendments to the petitions filed pro se that are necessary for an adequate presentation of petitioner's contentions.
(d) Procedure. The procedure for an appeal in a post-conviction proceeding shall be in accordance with the rules governing criminal appeals.

Credits

Amended effective January 1, 1969; October 21, 1969, effective January 1, 1970; effective July 1, 1971; November 30, 1984, effective December 1, 1984; April 26, 2012, eff. immediately; Feb. 6, 2013, eff. immediately; June 22, 2017, eff. July 1, 2017.
I.L.C.S. S. Ct. Rule 651, IL R S CT Rule 651
Current with amendments received through April 1, 2024. Some rules may be more current, see credits for details.
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