People v. Wimberly

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2022 IL App (1st) 211464
Decision Date: 
Friday, September 2, 2022
District: 
1st Dist.
Division/County: 
5th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
HOFFMAN

Defendant appealed from an order of the circuit court denying him leave to file a successive post-conviction petition, arguing that he had good cause to file a successive petition based on a troubled upbringing that would have demonstrated that his 80-year sentence violated the eighth amendment to the U.S. Constitution because he was 20 years old at the time the crime was committed. The appellate court affirmed, finding that his claim had been foreclosed by the supreme court’s decision in People v. Dorsey. (CUNNINGHAM and CONNORS, concurring)