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An appellate court lacks the supervisory authority that would allow it to review an as-applied constitutional claim that was not raised in a post-conviction petition

The appellate court determined, regardless of fundamental fairness, it was unable to grant the requested relief because the “as-applied constitutional challenge has been waived” under the aforementioned guidelines of the Act. Ultimately, the court held that unlike the Illinois Supreme Court, the appellate court lacks “the supervisory authority that would allow us to review an as-applied constitutional claim that was not actually raised in the petition.”

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Illinois Post-Conviction blog is excited to announce its new partnership with LexBlog and Illinois Lawyer Now. You can now find our blog’s content featured on LexBlog and Illinois Lawyer Now. We are very excited about this partnership and hope that our readers will enjoy the other great blogs highlighted by LexBlog and Illinois Lawyer Now!

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