People v. Stoecker

Summary

The court held that the circuit court violated procedural due process by dismissing Stoecker’s section 2-1401 petition without giving him a meaningful opportunity to respond to the State’s motion or notice of the ruling. The violation was harmless because the petition was untimely, barred by res judicata, and legally incurable, so remand could not have changed the result. The court also held that discretionary counsel in a section 2-1401 proceeding must exercise due diligence, but counsel’s failure did not warrant remand where no amendment or response could have salvaged the petition.