People v. Ruddock

Defendant appealed from an order of the circuit court denying his second successive postconviction petition alleging actual innocence after a third-stage evidentiary hearing and an order denying him leave to file a pro se supplemental successive petition alleging that his 55-year sentence violated the Eighth Amendment and the proportionate penalties clause. In an earlier appeal the appellate court issued a Rule 23 order and affirmed dismissal of the postconviction petition alleging actual innocence but reversed denial of the pro se motion finding that defendant’s sentence violated the Eighth Amendment. The Supreme Court subsequently issued an advisory order instructing the appellate court to reconsider its decision in light of People v. Dorsey, 2021 IL 123010. The appellate court held that because defendant was eligible to be released in 27.5 years under the good-conduct scheme, his sentence was not a de facto life sentence and could not satisfy the prejudice prong of the cause-and-prejudice test for bringing a successive postconviction petition pursuant to the Eighth Amendment. The court also found that defendant’s sentence did not violate the proportionate penalties clause. (DELORT and ROCHFORD, concurring)