People v. Demitro
942 N.E.2d 20
Ill. App. Ct.2010Background
- Defendant pled guilty to first degree murder on Nov 22, 2000; court failed to admonish him about mandatory supervised release (MSR) post-imprisonment.
- Defendant sentenced to 20 years on Dec 22, 2000; advised of appellate rights but did not move to vacate plea or appeal.
- November 2000 plea; no record of post-plea motions or direct appeal at that time.
- September 2006, defendant filed a pro se postconviction petition asserting lack of MSR notice and lack of benefit of the bargain.
- The petition was summarily dismissed, but on appeal this court remanded for second-stage review.
- On remand, counsel filed supplemental postconviction petition highlighting cognizable issues and defendant’s literacy/stutter limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness and culpable negligence for filing failure | Demitro failed to establish lack of culpable negligence | State waived nonretroactivity; Whitfield remedy should apply | Not addressed; Whitfield retroactivity issue governs outcome |
| Retroactivity of Whitfield post-Morris | Whitfield should be retroactive relief | Morris makes Whitfield prospective only; final before Whitfield | Whitfield not retroactive; Morris applies; relief denied |
| Waiver of nonretroactivity by State | Waiver should allow retroactive application | Waiver cannot alter Supreme Court rule; must be applied as law | Waiver does not authorize retroactive application; Morris controls |
| Santobello claim independent of Whitfield | Due process denied by not honoring plea bargain | Santobello reliance limited by Whitfield and Morris | Whitfield/Morris control; Santobello claim not independently viable on collateral review |
| Need to address alternative grounds if dismissal affirmed | Not necessary to reach alternative theories | Court can consider other grounds if warranted | Court affirmed dismissal on applicable grounds; no need to reach alternatives |
Key Cases Cited
- People v. Whitfield, 217 Ill.2d 177 (Ill. 2005) (new MSR rule; retroactivity limited to prospective application)
- People v. Morris, 236 Ill.2d 345 (Ill. 2010) (Whitfield retroactivity limited; rule not retroactive on collateral review)
- Santobello v. New York, 404 U.S. 257 (U.S. 1971) (plea-bargain promises must be honored to satisfy due process)
- People v. Towns, 182 Ill.2d 491 (Ill. 1998) (second-stage postconviction standard; substantial showing required)
- People v. Carter, 208 Ill.2d 309 (Ill. 2004) (waiver is a party limitation, not court’s)
- People v. Evangelista, 393 Ill.App.3d 395 (Ill. App. 2009) (court may consider authorities; nonbinding on appeal)
- People v. Artis, 232 Ill.2d 156 (Ill. 2009) (supreme court opinions cannot be waived by parties)
- McNeil v. Carter, 318 Ill.App.3d 939 (Ill. App. 2001) (affirmance of dismissal may foreclose address of alternative grounds)