People v. Jones
2021 IL App (4th) 200085-U
| Ill. App. Ct. | 2021Background
- Tyson K. Jones was convicted of armed robbery in 2005; conviction and sentence were affirmed on direct appeal.
- A postconviction proceeding (third-stage) in 2016 found a per se conflict and ineffective assistance, the armed robbery conviction was vacated, and Jones was released; he was later jailed on a separate 2016 charge (16-CF-879).
- In 2017 fitness proceedings, the court originally found Jones unfit (August 9, 2017); Jones mailed a notice of appeal (claimed Sept. 6, 2017) that the clerk filed Sept. 19, 2017; by Nov. 17, 2017 the court accepted a stipulation finding Jones fit and Jones pleaded guilty to aggravated robbery and was sentenced to 15 years (time served).
- Jones filed multiple section 2-1401 petitions challenging the November 17, 2017 plea as void for lack of jurisdiction because of the pending fitness appeal; his second 2-1401 was denied after a May 2019 hearing and he did not appeal that denial.
- In December 2019 Jones filed a third pro se 2-1401 petition raising the same void-judgment argument; the State moved to dismiss on res judicata and untimeliness grounds, and the Vermilion County circuit court dismissed the petition in January 2020.
- Jones appealed the dismissal; the appellate court affirmed, holding Jones’ claim was barred by res judicata and was untimely; the court also explained that dismissal with prejudice was not an available remedy even if the plea were void.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jones) | Held |
|---|---|---|---|
| Whether res judicata bars Jones’ third 2-1401 petition asserting the Nov. 17, 2017 plea was void for lack of jurisdiction. | The prior 2-1401 petition raised the same void-judgment claim and was finally adjudicated, so res judicata bars relitigation. | A void-judgment claim cannot be barred by res judicata; prior counsel failed to attach key appeal paperwork. | Res judicata bars the third petition because the same claim was fully litigated in the prior 2-1401 petition; Jones waived the opportunity to litigate the missing documents. |
| Whether a pending appeal from the fitness finding divested the circuit court of jurisdiction to accept the plea. | An appeal from an unfitness finding does not divest the circuit court of jurisdiction; Jones’ notice of appeal was unauthorized/untimely. | The pending appeal deprived the circuit court of jurisdiction, rendering the plea void. | The court relied on procedural bars (res judicata/untimeliness) and agreed the notice was untimely/unauthorized; it rejected Jones’ contention that the pending appeal rendered the plea void for jurisdictional defect. |
| Whether dismissal with prejudice of the armed robbery charge is an available remedy if the plea is void. | N/A (State opposed relief sought). | Jones sought dismissal with prejudice of the armed robbery charge. | Even if the plea were void, the proper effect is return to the pretrial phase; dismissal with prejudice is not an available remedy. |
Key Cases Cited
- Nowak v. St. Rita High Sch., 197 Ill. 2d 381 (Illinois 2001) (sets out elements and effect of res judicata)
- LVNV Funding, LLC v. Trice, 2015 IL 116129 (Illinois 2015) (void judgments are not insulated by res judicata)
- Stolfo v. KinderCare Learning Centers, Inc., 2016 IL App (1st) 142396 (Ill. App. Ct. 2016) (prior adjudication can bar a later section 2-1401 petition raising same void-judgment claim)
- Miller v. Balfour, 303 Ill. App. 3d 209 (Ill. App. Ct. 1999) (void judgments are subject to collateral attack for lack of jurisdiction)
- Hirsch v. Optima, Inc., 397 Ill. App. 3d 102 (Ill. App. Ct. 2009) (section 2-1401 should not be used to relitigate issues that were or could have been raised earlier)
- Moody v. Federal Express Corp., 368 Ill. App. 3d 838 (Ill. App. Ct. 2006) (appellate court may affirm on any basis supported by the record)