People v. Davis
6 N.E.3d 709
| Ill. | 2014Background
- Davis, age 14 at arrest (Oct 1990), was prosecuted as an adult after a juvenile transfer in 1991.
- In Feb 1991, he faced a 31-count indictment; in Mar 1993 he was convicted of two first-degree murders, two attempted murders, and home invasion.
- April 1993 sentencing: natural life for multiple murders plus 30-year terms for attempted murders and home invasion, all concurrent.
- From 1996 onward, Davis pursued multiple postconviction petitions and a 2-1401 petition; the circuit court and appellate courts denied or dismissed various claims.
- April 2011 he sought leave to file a verified successive postconviction petition raising Miller-based claims and an ineffective-assistance claim; circuit court denied.
- Appellate court vacated part of the order and remanded for resentencing under Miller; Illinois Supreme Court now affirms the appellate decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Miller to postconviction review | State urged Miller retroactivity for collateral review | Davis contends Miller retroactively governs his case | Miller retroactive; remand for new sentencing |
| Facial validity of the sentencing statute for juveniles | Statute stands as a valid framework | Statute unconstitutional as applied to Miller | Statutory scheme not facially unconstitutional; Miller applies to Davis's sentence |
| Character of Miller (substantive vs. watershed procedural rule) | Miller may be watershed procedural rule | Miller is substantive rule | Miller is a new substantive rule; retroactive on collateral review |
| Ineffective-assistance claim at juvenile transfer hearing | Baxter affidavit undiscovered earlier; cause exists | No adequate cause for late claim; default applies | Claim barred due to procedural default; lack of cause/prejudice |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (juvenile-life-without-parole proportionality principle; non-homicide cases)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory LWOP for juveniles violates Eighth Amendment; requires consideration of mitigating factors)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (death penalty and juveniles; diminished culpability)
- Teague v. Lane, 489 U.S. 288 (U.S. 1989) (retroactivity framework for new constitutional rules on collateral review)
- Schriro v. Summerlin, 542 U.S. 348 (U.S. 2004) (new substantive rules are retroactive; watershed rule concept)
- Lucien v. Briley, 213 Ill. 2d 340 (Ill. 2004) (facial challenge standards for statutes)