2013 IL App (1st) 112572
Ill. App. Ct.2013Background
- Defendant Marcos Gray was convicted via accountability for 1993 first degree murder and attempted armed robbery committed at age 16.
- He was sentenced to a mandatory life term for murder and 15 years for attempted armed robbery, to run concurrently.
- Miller v. Alabama held mandatory life without parole for under 18 violates the Eighth Amendment; it discussed discretion in juveniles’ sentencing.
- Gray filed a December 2010 section 2-1401 petition challenging voidness based on miscitations and later on Miller; the petition faced timeliness issues.
- The circuit court dismissed the petition as untimely; on appeal, the court held Miller does not render the sentence void and that the petition was not timely filed under 2-1401.
- Defendant may raise the issue in a postconviction proceeding, but the 2-1401 petition remains untimely and not voidable under the statute’s framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether Miller renders Gray's sentence void | Gray argues Miller makes the sentence void | State argues Miller is not void and not retroactive | Sentence not void; petition untimely; dismissal affirmed |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (juvenile life-without-parole rule; discretion in sentencing)
- People v. Morfin, 103568 (2012 IL App (1st)) (as-applied constitutional challenges; voidness analysis)
- People v. Mescall, 379 Ill. App. 3d 670 (2008) (unconstitutional on its face vs. as-applied; void ab initio vs. voidable)
- People v. Moran, 111165 (2012 IL App (1st)) (timeliness and exceptions in 2-1401 petitions)
- People v. Caballero, 179 Ill. 2d 205 (1997) (untimely 2-1401 petitions; exceptions; waiver)