People v. Lighthart

Summary

The court held that a postconviction petition is subject to the six-month limitations period when the defendant files a notice of appeal that culminates in an appellate court order disposing of the appeal, even if the appeal is dismissed for lack of jurisdiction or noncompliance with Rule 604(d). Although Lighthart's petition was untimely under that rule, the court held that she could not have been culpably negligent because the governing statute was unclear and the only applicable precedent at the time supported treating her appeal as no appeal at all. The court therefore reversed and remanded for amendment of the petition and further proceedings without delay.