People v. Baller
107 N.E.3d 1008
Ill. App. Ct.2018Background
- David Baller pled guilty to aggravated criminal sexual assault and was sentenced to 30 years, consecutive to another sentence.
- Baller filed an initial pro se postconviction petition in 2011 alleging ineffective assistance; it was summarily dismissed and the dismissal was affirmed on appeal.
- In June 2015 Baller filed a pro se motion for leave to file a successive postconviction petition; the State filed a written objection.
- The trial court reviewed the State’s objection and denied Baller’s motion for leave without independently evaluating the motion.
- Baller appealed, arguing the court erred by considering the State’s input before granting leave; the State agreed the court erred but urged affirmance on the merits.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Baller) | Held |
|---|---|---|---|
| Whether the trial court erred by considering the State’s input before ruling on a motion for leave to file a successive postconviction petition | The State concedes it was improper for the trial court to consider its input but argues the denial should be affirmed because Baller’s motion fails to show cause and prejudice | The court improperly relied on the State’s objection; remand for an independent, de novo determination (without State input) is required | The court vacated and remanded: trial court must conduct an independent review of the leave motion before allowing any State participation |
| Whether this court may affirm on the record despite the procedural error | People argue the motion lacks cause and prejudice so affirmance is appropriate | Baller argues the trial court must reconsider without State participation per Bailey | The majority holds remand required; an exception to affirming on any basis is warranted because Bailey prohibits State participation at the cause-and-prejudice stage |
Key Cases Cited
- People v. Bailey, 2017 IL 121450 (trial court must independently determine leave to file successive postconviction petition without State input)
- People v. Munson, 2018 IL App (3d) 150544 (Third District remanded for independent trial-court determination consistent with Bailey)
- People v. De La Paz, 204 Ill. 2d 426 (postconviction rights derive from statute)
- People v. Salem, 2016 IL 118693 (supreme court supervisory authority discussion)
- People v. Evans, 2013 IL 113471 (ignorance of the law ordinarily does not constitute cause)
- City of Champaign v. Torres, 214 Ill. 2d 234 (appellate courts may affirm on any basis apparent in the record)