People v. Montanez

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2022 IL App (1st) 191930
Decision Date: 
Thursday, June 9, 2022
District: 
1st Dist.
Division/County: 
4th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
LAMPKIN

Defendant appealed from the circuit court’s denial of his motion for leave to file a successive post-conviction petition arguing that the State improperly participated in discussions at the leave-to-file stage and that he satisfied the cause and prejudice test on two Brady claims. Defendant also argued that his mandatory natural life sentence violated Miller and the proportionate penalties clause. The appellate court affirmed, finding defendant’s leave to file a successive post-conviction petition was properly denied. (MARTIN, concurring and ROCHFORD, specially concurring.)