Illinois Appellate Court
Civil Court
Mandamus
Plaintiff was convicted, in 2004, of 1st degree murder for killing of a Chicago police officer, and was sentenced to natural life. . Court dismissed Plaintiff's mandamus action, seeking order directing circuit judge to vacate his 1st degree murder conviction. Plaintiff's conviction had not been determined to be void. A judgment is void for purposes of mandamus only if the court lacked power to enter the order due to an absence of personal or subject matter jurisdiction or the judgment is based on a facially unconstitutional statute that is void ab initio. Court propely dismissed mandamus complaint for failing to state a claim upon which relief could be granted. (KNECHT, concurring; DeARMOND, specially concurring.)