In 1997, Plaintiff pled guilty to first degree murder. Plaintiff challenged his conviction on appeal and in multiple post conviction petitions arguing that Kane County circuit court lacked jurisdiction over him because his indictment was issued by an unsworn grand jury. Each time his conviction was upheld. Most recently, Plaintiff filed a habeas corpus action pro se in the circuit court of Will County again arguing that Kane County lacked jurisdiction to convict him. Court properly granted the States motion to dismiss. The doctrine of res judicta bars criminal defendants from reasserting issues already raised on direct appeal. Defendant was given 30 days to show cause why sanctions should not be entered against him. His appeal was frivolous and he was informed that his argument was meritless and barred before filing. If he fails to show cause sanctions will be collected from his Department of Corrections trust fund account. (O'BRIEN and CARTER, concurring.)
Illinois Appellate Court
Criminal Court
Criminal Procedure