People v. Higginbotham

In People v. Higginbotham, 368 Ill. App. 3d 1137, 859 N.E.2d 634, 307 Ill. Dec. 345 (2006), the trial court dismissed a pleading titled "Petition for Habeas Corpus" by citing the Act. Higginbotham, 368 Ill. App. 3d at 1138. On appeal, the defendant contended that the trial court erred by failing to issue him Shellstrom's admonitions and that therefore reversal was warranted. Higginbotham, 368 Ill. App. 3d at 1141. The reviewing court rejected his argument, holding it was not reversible error to recharacterize the defendant's pleading and to subsequently dismiss it. Higginbotham, 368 Ill. App. 3d at 1142. The reviewing court reasoned that Shellstrom did not expressly mandate reversal for a trial court's failure to warn a defendant of its intent to recharacterize a pleading. Higginbotham, 368 Ill. App. 3d at 1141-42. Instead, the Higginbotham court focused on Shellstrom's language, "'if the trial court fails to do so,'" referring to the omission of its previously stated admonitions. Higginbotham, 368 Ill. App. 3d at 1141-42. The reviewing court agreed with the State's position that, rather than requiring reversal, the language meant that, if a trial court failed to give the Shellstrom notifications to a pro se litigant prior to recharacterization, then the recharacterized pleading could not be considered to have become a postconviction petition for the purposes of applying to later pleadings the Act's restrictions on successive postconviction petitions. Higginbotham, 368 Ill. App. 3d at 1141-42.