Defendant, who was a juvenile at the time of the offense, was convicted of murder. The trial court denied his motion for leave to file a successive post-conviction petition challenging his sentence on the grounds that the trial court had failed to make a finding of permanent incorrigibility and had not addressed the attendant characteristics of youth during sentencing. The appellate court reversed, and the Supreme Court granted the State’s petition for leave to appeal. The Supreme Court reversed the judgment of the appellate court and remanded to the appellate court for further proceedings, finding that because the pre-sentence investigative report contained evidence regarding the defendant’s age, maturity, and other circumstances, the defendant received the constitutionally required procedure under Miller. (THEIS, NEVILLE, OVERSTREET, and HOLDER WHITE, concurring. ROCHFORD and O’BRIEN took no part in the decision.)
Illinois Supreme Court
Criminal Court
Post-Conviction Hearing Act