People v. Johnson
2013 IL 114639
Ill.2013Background
- Johnson was convicted of murder and related offenses and sentenced to natural life plus other terms.
- Johnson filed a 2-1401 petition for relief from judgment after postconviction proceedings.
- The circuit court dismissed the petition and the State sought to recover various fees, including a $50 State’s Attorney fee under 4-2002.1(a).
- The appellate court affirmed the imposition of the $50 fee; Johnson sought review in the supreme court.
- The central question was whether 55 ILCS 5/4-2002.1(a) allows the $50 fee to attach to a 2-1401 petition.
- The court held that the fee applies only to habeas corpus proceedings and not to 2-1401 petitions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the $50 fee applies to 2-1401 petitions. | Johnson: fee not authorized by 4-2002.1(a) for 2-1401 petitions. | State: fee should apply to all collateral hearings where the State is involved. | Fee does not apply to 2-1401 petitions. |
Key Cases Cited
- Nowak v. City of Country Club Hills, 2011 IL 111838 (Ill. 2011) (statutory interpretation framework; plain meaning governs when unambiguous)
- Davis v. Toshiba Machine Co., America, 186 Ill. 2d 181 (Ill. 1999) (statutory interpretation principles and use of plain meaning)
- Bridgestone/Firestone, Inc. v. Aldridge, 179 Ill. 2d 141 (Ill. 1997) (avoid reading words into a statute when not included by legislature)
- Williams v. Manchester, 228 Ill. 2d 404 (Ill. 2008) (legislative intent and statutory construction principles)