This case presents question as to whether trial court properly dismissed defendant’s pro se second petition for post-conviction relief, even though defendant argued that his natural life sentence on murder charge violated 8th Amendment under Miller, 567 U.S. 460, and proportionate penalties clause of Illinois Constitution, where, according to defendant, he was only 19 at time he committed his crime and his mind was similar to juvenile brain. While defendant noted that he could not have raised instant issue in his first post-conviction petition because U.S. Supreme Court decision in Miller was handed down six years after his first petition for post-conviction relief had been resolved, Appellate Court found that defendant had failed to provide evidence indicating how his own immaturity or individual circumstances would provide compelling reason to allow him to file successive post-conviction petition.
Illinois Supreme Court PLAs
Criminal Court
Post-Conviction Petition