Defendant appealed from the denial of his post-conviction petition in which he challenged his 80-year sentence for first-degree murder and for personally discharging a firearm to cause death. At the time of the offense, defendant was 18 years old. On appeal, defendant argued that his petition established cause and prejudice, allowing him to litigate his sentencing claim in a successive post-conviction petition, and that he made a substantial showing of constitutional violation requiring further litigation at an evidentiary hearing. Defendant also argued that counsel provided unreasonable assistance by failing to adequately defend his claim against the State’s motion to dismiss. The appellate court affirmed, finding that defendant did not demonstrate factual cause that would entitle him to litigate a successive petition and that his criticism of post-conviction counsel was unfounded. (PUCINSKI and GRAMRATH, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act