Johnson v. Williams
2016 IL App (3d) 150824
| Ill. App. Ct. | 2016Background
- Patrick Lynn Johnson pled guilty to first-degree murder in 1997 and was sentenced to 78 years.
- Johnson repeatedly argued the indictment was defective because the grand jury that returned it was not sworn, challenging jurisdiction.
- The Second District rejected this argument multiple times, holding that an unsworn grand jury does not deprive the trial court of subject-matter jurisdiction and that Johnson's claims were barred by res judicata.
- In April 2015 Johnson filed a pro se habeas corpus action in Will County raising the same unsworn-grand-jury/jurisdiction claim.
- The Will County circuit court granted the State's section 2-615 motion to dismiss as untimely/waived and lacking merit.
- The Third District affirmed the dismissal and issued a rule to show cause seeking potential sanctions under Illinois Supreme Court Rule 375(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Kane County trial court lacked jurisdiction because the grand jury that returned the indictment was not sworn | Johnson contends an unsworn grand jury produced a defective indictment and therefore the trial court lacked jurisdiction | State argues the complaint fails to state a cause of action and the claim is barred by res judicata because it has been litigated repeatedly | Court affirmed dismissal: res judicata bars the repeated claim; merits need not be reached |
| Whether sanctions should be imposed for filing a frivolous appeal | Johnson continued to press the same jurisdictional claim despite prior adverse rulings | State asks for sanctions under Rule 375(b) for a frivolous, bad‑faith appeal | Court found the appeal frivolous and issued a 30‑day rule to show cause why sanctions should not be imposed |
Key Cases Cited
- Board of Directors of Bloomfield Club Recreation Ass’n v. Hoffman Group, Inc., 186 Ill. 2d 419 (1999) (standard of review for section 2-615 dismissal)
- Beacham v. Walker, 231 Ill. 2d 51 (2008) (appellate court may affirm on any basis in the record)
- People v. Tenner, 206 Ill. 2d 381 (2002) (res judicata prevents reassertion of issues on appeal)
- People v. Simpson, 204 Ill. 2d 536 (2001) (rephrasing an issue does not avoid res judicata)
- People v. Johnson, 303 Ill. App. 3d 1109 (1999) (prior appellate disposition of defendant's conviction)
- People v. Partee, 125 Ill. 2d 24 (1988) (discussion of double-appeal/‘‘two bites’’ principle)