People v. Dent
408 Ill. App. 3d 650
Ill. App. Ct.2011Background
- Dent was convicted of first degree murder for Porter killing and received a 30-year term; direct appeal affirmed.
- While direct appeal was pending, Dent filed a postconviction petition under 725 ILCS 5/122-1; petition was dismissed.
- After release and parole, Dent filed a successive postconviction petition asserting newly discovered evidence of actual innocence (James affidavit).
- Trial court dismissed the successive petition on merits, relying on James’s affidavit and trial record as inconsistent with Dent's account.
- On appeal, Dent argued he had standing to pursue the successive petition and sought a third-stage evidentiary hearing based on alleged actual innocence.
- Court held Dent lacked standing because his Porter conviction had been fully served and his liberty interests were no longer restrained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dent has standing to pursue a successive postconviction petition | Dent; Dent had ongoing liberty interest due to Porter conviction | Dent; standing exists while liberty interest affected | Dent lacks standing; affirm dismissal |
Key Cases Cited
- People v. West, 145 Ill.2d 517 (1991) (standing requires imprisonment for the offense challenged)
- People v. Pack, 224 Ill.2d 144 (2007) (consecutive sentences viewed in aggregate; standing extends if liberty affected)
- People v. Correa, 108 Ill.2d 541 (1985) (liberally construed standing while pursuing liberty interest)
- People v. Thurman, 334 Ill.App.3d 286 (2002) (standing not available where sentence completed and no ongoing liberty interest)
- People v. Collins, 161 Ill.App.3d 285 (1987) (standing not available when completed probation used as basis for enhanced sentence)
- People v. Dale, 406 Ill. 238 (1950) (cannot seek postconviction relief to purge record after sentence completed)