People v. English
2011 IL App (3d) 100764
Ill. App. Ct.2011Background
- Defendant Scott English was convicted of felony murder based on aggravated battery of a child and sentenced to natural life.
- His postconviction petition, filed in 1999 and later amended, pursued whether the predicate felony could be the underlying aggravated battery.
- The trial court and appellate process involved prior rulings in English I (2000) and English II (2008) addressing related issues and remand for resolution.
- A 2010 hearing on remand concluded the petition was denied; the State moved to dismiss on res judicata grounds.
- The appellate court held postconviction claims are barred if they could have been raised on direct appeal, and rejected the ineffective-assistance claim raised only in reply.
- The court affirmed the trial court’s dismissal, invoking res judicata/waiver as to the challenged predicate felony issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars the postconviction claim | English could not revisit a claim that could have been raised on direct appeal | The predicate misdemeanor/felony issue was not properly resolved and merits postconviction review | Barred by res judicata |
| Whether the acts constituting aggravated battery arose from the killing for felony murder | Morgan/Pelt support relief by showing inherent connection | Varying precedent allows predicate aggravated battery to support felony murder | Not considered; res judicata controls |
| Whether appellate counsel's alleged ineffectiveness is cognizable | Appellate counsel failed to raise issues; constitutionally ineffective | Ineffectiveness claim raised for first time in reply; should be considered | Not considered; waived in reply; no merit |
Key Cases Cited
- People v. Viser, 62 Ill. 2d 568 (1975) (aggravated battery can be predicate for felony murder)
- People v. Davis, 233 Ill. 2d 244 (2009) (reaffirms Viser regarding felony murder predicated on aggravated battery)
- People v. Pelt, 207 Ill. 2d 434 (2003) (postconviction review; certain claims could be raised previously)
- People v. Morgan, 197 Ill. 2d 404 (2001) (discusses limits of postconviction claims following conviction)
- People v. Leason, 352 Ill. App. 3d 450 (2004) (lack of precedent differs from cause for failing to raise issue)
- People v. Towns, 182 Ill. 2d 491 (1998) (postconviction claims must be new and not previously adjudicated)
- People v. Sanders, 238 Ill. 2d 391 (2010) (scope limited to matters not adjudicated on direct appeal; res judicata)