People v. English, 2013 IL 112890

Scott F. English was charged with first-degree murder, felony murder predicated on aggravated battery of a child, and aggravated battery of a child.
Autopsy revealed extensive head trauma and asphyxia; pathologist testified mortality resulted from blunt force and asphyxiation.
Early interviews showed shifting timelines and admissions of hitting the child; videotaped statement was later presented to the jury.
At trial, the State dismissed the knowing-murder charge, proceeding to felony murder and aggravated battery of a child; the court avoided involuntary manslaughter instructions.
English was convicted of felony murder and aggravated battery of a child and sentenced to natural life; sentence later reduced on direct appeal to 50 years.
Postconviction petitions across years (1999, 2004) culminated in the third-stage postconviction appeal addressing whether aggravated battery could serve as the predicate for felony murder, considering Morgan and Pelt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the independent felonious purpose rule is forfeited on postconviction review	People argues forfeiture applies; could have been raised on direct appeal.	English contends Morgan/Pelt could be raised now and not forfeited due to lack of prior notice.	Forfeiture applied; the claim was not entertained on postconviction review.
Whether Morgan/Pelt-based independence is cognizable under the Post-Conviction Act	Rule is cognizable under Act as a constitutional issue.	Threshold cognizability means postconviction relief may not be available for non-constitutional issues.	Not reached due to forfeiture; the ruling treats cognizability as moot here.
Whether appellate counsel was ineffective for not raising the issue on direct appeal	Ineffective assistance because Morgan/Pelt should have been raised earlier.	Counsel reasonably did not raise a non-novel issue; Morgan/Pelt not supported at the time.	Forfeiture bars the ineffective-assistance claim; counsel not deficient under Strickland.

People v. Morgan, 197 Ill.2d 404 (2001) (requires independent felonious purpose for predicate felony in felony murder)
People v. Pelt, 207 Ill.2d 434 (2003) ( Morgan rule applied to prevent predicate being inherent in murder)
People v. Viser, 62 Ill.2d 568 (1975) (early version of independent felonious purpose analysis)
Beaman, 229 Ill.2d 56 (2008) (three-stage postconviction proceedings; de novo review standard when pure legal questions)
People v. Harris, 206 Ill.2d 1 (2002) (postconviction petition review; res judicata and forfeiture framework)
People v. Flores, 153 Ill.2d 264 (1992) (cognizability threshold for constitutional claims in postconviction petitions)
People v. Collins, 153 Ill.2d 130 (1992) (limits on arguments presented on appeal; reasonableness standard)