People v. Johnson

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2020 IL App (1st) 171362
Decision Date: 
Tuesday, May 26, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
HYMAN

Defendant and another person were convicted of violent murders they committed at ages 19 and 18. Defendant was sentenced to 3 concurrent 60-year sentences and a concurrent 10-year sentence. Court erred in denying their motions for leave to file successive postconviction petition. Both have made prima facie showings in their pleadings that evolving understandings of the brain psychology of adolescents require that the holding in U.S. Supreme Court's 2012 Miller v. Alabama apply to them as young adults. Remanded for further postconviction proceedings during which they can develop their claims. If Defendant proves that Miller decision applies to him, then the trial court would consider a new sentencing hearing. (WALKER, concurring; PIERCE, dissenting.)