People v. Diggins
2015 IL App (3d) 130315
Ill. App. Ct.2015Background
- In 1995 Diggins was convicted of two counts of aggravated battery with a firearm and one count of armed robbery; he received concurrent 50-year Illinois terms, consecutive to prior Mississippi sentences.
- Direct appeal affirmed conviction and sentence; later pro se postconviction petition (2006) raising only a concurrency/rehabilitation claim was dismissed.
- In 2012 Diggins sought leave to file a successive postconviction petition alleging trial counsel was ineffective during plea negotiations for failing to advise him he faced an extended-term sentence, and that he would have accepted an 8-year plea if so advised.
- He argued lack of counsel during his initial postconviction proceeding (invoking Martinez v. Ryan) as cause for not raising the ineffective-assistance-of-counsel (IAC) claim earlier.
- The circuit court denied the motion as patently without merit and denied leave to file the successive petition; Diggins appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martinez provides cause to permit a successive postconviction IAC claim | Martinez excuses failure to raise IAC in initial collateral proceeding because Diggins proceeded pro se | State: Martinez is a federal habeas rule and does not apply to Illinois successive postconviction leave where IAC claims can be raised on direct appeal | Court: Martinez does not supply cause here; denied leave to file successive petition |
| Whether Diggins adequately pleaded prejudice from counsel's alleged failure to advise of extended-term exposure | Counsel’s omission led Diggins to reject a plea; affidavit says he would have accepted the plea | State: No adequate showing of cause; prejudice need not be reached if cause fails | Court: Did not reach prejudice in depth because cause was not shown; denial affirmed |
| Whether Illinois procedure allows Martinez-based excuse like in Trevino/Texas | Diggins relied on Martinez (and analogies to later cases) | State: Illinois allows IAC claims on direct appeal and no constitutional right to counsel in postconviction, distinguishing Trevino/Texas | Court: Distinguished Martinez/Trevino; Illinois procedural posture differs, so Martinez inapplicable |
| Whether leave to file successive postconviction petition was properly denied on the pleadings | Allegations were sufficient to warrant leave if Martinez applied | State: Allegations were legally insufficient to show cause under Illinois law | Court: On de novo review, allegations failed to show cause; leave denied |
Key Cases Cited
- Martinez v. Ryan, 132 S. Ct. 1309 (U.S. 2012) (counsel absence in initial collateral review can establish cause for certain IAC habeas claims)
- Trevino v. Thaler, 133 S. Ct. 1911 (U.S. 2013) (extended Martinez to Texas under certain procedural circumstances)
- People v. Pitsonbarger, 205 Ill. 2d 444 (Ill. 2002) (articulating Illinois cause-and-prejudice test for successive postconviction petitions)