2011 IL App (3d) 100764
Ill. App. Ct.2011Background
- defendant Scott English was convicted of felony murder based on the predicate felony of aggravated battery of a child and sentenced to natural life.
- On direct appeal, this court addressed prior related proceedings (English I and English II) and remanded for further proceedings after voiding the life sentence due to a single-subject issue.
- In 1999 a postconviction petition was filed and voluntarily dismissed in 2003; a new petition was filed in 2004 and dismissed as successive in 2004.
- On remand, English amended his petition arguing the felony murder conviction rested on acts inherent in the underlying aggravated battery of a child and should be vacated.
- The trial court dismissed the amended petition as barred by res judicata; the postconviction court conducted a third-stage hearing and denied relief.
- The appellate court affirmed, holding the claim was barred by res judicata because the issue could have been raised on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars postconviction review | English | English | Barred by res judicata |
| Whether ineffective-assistance claim on appellate counsel is reviewable | English | English | Not addressed; arguments raised in reply brief are waived |
Key Cases Cited
- People v. Sanders, 238 Ill. 2d 391 (2010) (postconviction claims limited to unadjudicated constitutional matters; res judicata applies)
- People v. Towns, 182 Ill. 2d 491 (1998) (claims not raised on direct appeal are waived)
- People v. Petrenko, 237 Ill. 2d 490 (2010) (postconviction scope limited; issues previously decided barred)
- People v. West, 187 Ill. 2d 418 (1999) (scope of postconviction review limited to constitutional matters not previously adjudicated)
- People v. Winsett, 153 Ill. 2d 335 (1992) (scope of postconviction review is limited to constitutional matters not previously adjudicated)
- People v. Viser, 62 Ill. 2d 568 (1975) (aggravated battery can serve as predicate felony for felony murder)
- People v. Davis, 233 Ill. 2d 244 (2009) (visers’ framework reaffirmed; felony murder predicated on aggravated battery valid)
- People v. Leason, 352 Ill. App. 3d 450 (2004) (lack of precedent does not excuse failure to raise issue to preserve for review)
- People v. Pelt, 207 Ill. 2d 434 (2003) (evolving authority on felony murder predicates; not required to raise new law to preserve issue)
- People v. Morgan, 197 Ill. 2d 404 (2001) (addressed whether aggravated battery can be predicate to felony murder)