Gray v. Hardy

Dist. Ct. did not err in denying defendant's habeas petition challenging his 80-year extended term sentence (on murder conviction) that was based on trial ct.'s finding that murder was accompanied by exceptionally brutal or heinous behavior when defendant killed victim by shooting him three times in head. While instant sentence violated Apprendi since jury, as opposed to trial ct., should have made said finding, defendant procedurally defaulted issue by failing to raise it in trial ct., and state appellate court only considered issue under plain error standard. Moreover, defendant also procedurally defaulted related ineffective assistance of counsel claims by failing to include them in defendant's petition for leave to appeal to Ill. Supreme Ct. Defendant further failed to show any prejudice on Apprendi issue where instant execution-style murder qualified as brutal or heinous conduct as matter of law.