Late Filing of a Post-Conviction Petition Because of Late Discovery of the Claim

In People v. Bumpers, 379 Ill. App. 3d 611, 618-20, 884 N.E.2d 1197, 318 Ill. Dec. 926 (2008), the First District reversed a trial court decision dismissing a postconviction petition that was filed late because of late discovery of the claim. There, the defendant alleged that, when he pleaded guilty, the trial court failed to admonish him about a three-year MSR term. The defendant filed a late postconviction petition and included an affidavit stating that he was surprised to learn of the MSR term in 2003 from the Department of Corrections. The State moved to dismiss, and at a hearing on the matter, the defendant presented an affidavit from his father explaining attempts in 2003 to obtain transcripts to see if there was a problem with the plea. After encountering difficulties, the defendant obtained transcripts in August 2004, and the defendant filed his pro se petition in November 2004. Bumpers, 379 Ill. App. 3d at 613-14.