Defendant and another person were convicted of violent murders they committed at ages 18 and 19. Defendant was also convicted of aggravated discharge of a firearm as to the victim's child. Defendant was sentenced to 40 years and concurrent 15 years. 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. As Defendant was 18 at time of offense, juvenile sentencing provisions apply to him as a legal matter. Defendant failed to show cause for failing to raise ineffective assistance of counsel claim in his initial postconviction petition, and thus court properly denied him leave to file that claim in a successive petition. Because Defendant knew the information in one affidavit at the time of trial, and because the jury was exposed to that information through Defendant's statement, the evidence is not "newly discovered", despite that witness's former reluctance to testify. Thus, Defendant's claim of actual innocence fails as a matter of law, and court properly denied leave to file this claim.(WALKER, concurring; PIERCE, dissenting.)
Illinois Appellate Court
Criminal Court
Sentencing