People v. Sanders

Defendant was convicted of first degree murder and sentenced to 40 years in prison. At 1994 trial the State argued that the shooting was gang related. Defendant filed a postconviction petition 7 years later, relying on 2000 Supreme Court decision, People v. Strain, holding that the judge must ask potential jurors about any biases they have against gangs, when gang evidence is to be integral to trial. Strain decision announced a new constitutional rule of criminal procedure, and Defendant cannot utilize it to retroactively challenge the result of his trial. (FITZGERALD, THOMAS, KILBRIDE, and KARMEIER, concurring; FREEMAN and BURKE, specially concurring.)