People v. Hemingway
2014 IL App (4th) 121039
Ill. App. Ct.2014Background
- Hemingway is serving a 35-year term for armed robbery (720 ILCS 5/18-2(a)(2)).
- He filed a pro se postconviction petition in the Fourth District asserting two claims.
- Steele provided a written alibi statement claiming she was with Hemingway during the robbery but lacked notarization.
- Appellate counsel allegedly failed to argue on direct appeal that Hemingway’s sentence was excessive.
- The trial court dismissed the petition at summary stage for lack of corroborating affidavits and nonforfeiture.
- The appellate court affirmed, holding the Steele statement not a proper supporting affidavit and that the sentencing claim was forfeited.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of nonnotarized statement as supporting affidavit | Hemingway argues Steele’s unsworn statement should support the petition. | State argues lack of notarization means no supporting affidavit. | Nonnotarized Steele statement not an affidavit; dismissal proper. |
| Ineffective assistance for not calling Steele | Riess’s failure to call alibi witness violated trial counsel duties. | No affidavit support undermines the alibi claim; no corroboration. | Claim foreclosed; no sufficient supporting affidavit. |
| Forfeiture of appellate-counsel claim on sentence | Appellant argued appellate-counsel deficiency regarding sentencing. | Petition did not allege a sentence-focused ineffective-assistance claim. | Sentence-ineffectiveness claim forfeited. |
Key Cases Cited
- People v. Collins, 202 Ill. 2d 59 (2002) (distinguishes verifying and supporting affidavits in postconviction)
- People v. Delton, 227 Ill. 2d 247 (2008) (supporting affidavit required, can justify dismissal without it)
- Roth v. Illinois Farmers Ins. Co., 202 Ill. 2d 490 (2002) (unsworn statements are not affidavits)
- People v. Hommerson, 2014 IL 115638 (2014) (verifying affidavit not required to be accompanied by 122-2 s on every point)
- People v. Johnson, 377 Ill. App. 3d 854 (2007) (discusses burden of corroboration for petition claims)
- People v. Parker, 2012 IL App (1st) 101809 (2012) (notarization of supporting affidavit as a threshold concern)