This case presents question as to whether trial court properly denied defendant’s motion seeking leave to file successive post-conviction petition that challenged his 90-year sentence on murder charge, where defendant alleged that his sentence was unconstitutional as applied to him because trial court had failed to take into account his intellectual disability, fetal alcohol syndrome, borderline personality disorder and antisocial personality disorder during sentencing. Appellate Court, in affirming trial court, found that defendant could not demonstrate prejudice necessary to warrant leave to file successive post-conviction petition, because under Loty, 2020 IL 123972, intellectually disabled adult defendant’s natural life sentence violated neither U.S. nor Illinois Constitutions. (Dissent filed.)
Illinois Supreme Court PLAs
Criminal Court
Post-Conviction Petition