The Illinois Appellate Court recently upheld the dismissal of Timera Branch's petition for relief from her first-degree murder conviction. The court ruled that Branch's petition, filed more than two years after her conviction, was legally insufficient to warrant relief. This decision affects Branch, who has been serving a lengthy prison sentence since her conviction in 2011, and highlights the strict timelines for filing such petitions under Illinois law.
Branch was convicted of first-degree murder in 2011 after a bench trial found that she intentionally struck a 17-year-old victim with her vehicle, causing his death. The incident followed an altercation involving her son and the victim. The court sentenced Branch to 34 years in prison. Her case has since raised questions about the impact of domestic violence on her actions, which she attempted to address in her petition.
In 2018, Branch filed her first petition for relief from judgment under section 2-1401 of the Illinois Code of Civil Procedure, alleging that her conviction was related to domestic violence she had suffered. However, this petition was dismissed due to procedural issues. After a series of appeals and re-filings, she submitted a second petition in March 2026, claiming that new evidence regarding her mental health and experiences of gender-based discrimination could have influenced her sentencing.
The State moved to dismiss Branch's second petition, arguing that it was both untimely and legally insufficient. On April 8, 2026, the trial court agreed and dismissed the petition. Branch then appealed this decision, leading to the current ruling from the Appellate Court.
The court, led by Justice Jorgensen, found that Branch's petition did not meet the legal requirements set forth in section 2-1401. The court stated, "the petition must be supported by an affidavit or other appropriate showing as to matters not of record." It noted that Branch's claims of gender-based discrimination and mental health issues were not sufficiently detailed to establish a connection to her actions during the crime.
Furthermore, the court addressed the issue of whether Branch was given adequate time to respond to the State's motion to dismiss. While the court acknowledged that fairness dictates a petitioner should have a chance to respond, it ruled that any potential error in this regard was harmless. The court concluded that even if Branch had been given more time, her petition would still have been dismissed due to its legal insufficiency.
The ruling has significant implications for Branch, as it confirms the dismissal of her petition and upholds her lengthy prison sentence. This case also serves as a reminder of the strict time limits imposed on petitions for relief from judgment in Illinois. Under section 2-1401, petitions must typically be filed within two years of the judgment, unless certain conditions apply.
Looking ahead, Branch's options for further legal recourse appear limited. The court's ruling effectively closes the door on her current petition, and while she could potentially seek further appeals, the likelihood of success seems low given the court's clear findings. Details were not available in the court filing regarding any related cases or potential future actions by Branch.
Read Next
Illinois court upholds pretrial detention of Robert Leek
Illinois court remands case for clearer sanctions ruling
Illinois court upholds default judgment in debt case
California Court affirms transfer of juvenile to adult court
California Court affirms juvenile's firearm conviction
Kansas court upholds denial of Cardell Turner's appeal










