People v. Kelly
2025 IL App (4th) 240484-U
Ill. App. Ct.2025Background
- Jonathan I. Kelly was convicted of first degree murder, aggravated discharge of a firearm, and unlawful possession of a weapon by a felon after the 2018 shooting death of Jenni McGruder outside a pub in Galesburg, Illinois.
- The main evidence at trial included multiple eyewitnesses who identified Kelly as the shooter who fired into a crowd from a white van.
- Kelly’s direct appeal affirmed his conviction and sentence, rejecting multiple arguments including prosecutorial misconduct and ineffective assistance of counsel.
- Kelly then filed a pro se postconviction petition under the Illinois Post-Conviction Hearing Act, arguing trial errors and ineffective assistance of counsel; the petition was summarily dismissed as frivolous.
- On appeal, the Office of the State Appellate Defender (OSAD) was appointed but moved to withdraw, stating no non-frivolous arguments could be made on Kelly’s behalf.
- The appellate court agreed with OSAD, granted the motion to withdraw, and affirmed the summary dismissal of the postconviction petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of appealable issues | No non-frivolous issues to raise; dismissal proper | All claims should be reviewed; errors/petition valid | No meritorious issue exists; OSAD withdrawal granted |
| Res judicata/forfeiture on postconviction claims | Issues previously decided or could've been raised | Claims of error/ineffective counsel should be heard | Claims barred except possibly ineffective appellate counsel |
| Ineffective assistance re: jury instructions | Appellate counsel wasn’t ineffective | Failure to challenge jury instructions prejudicial | No error or prejudice; appellate counsel not ineffective |
| Sufficiency of evidence | Evidence overwhelming; no error | State failed to prove guilt beyond doubt | Not objectively unreasonable to omit this argument |
| Failure to provide lesser included instructions | Not warranted by record evidence | Trial/appellate counsel failed to argue lesser offense | Record did not justify such instructions |
| Juror bias, Brady, severance of counts | No error or already litigated issues | Appellate counsel ineffective for not raising | No merit—claims already addressed or not supported |
| Cumulative error | No reversible error in any individual claim | Errors collectively violated due process | No cumulative error where no individual error |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (test for ineffective assistance of counsel — requires deficiency and prejudice to the defense)
- Brady v. Maryland, 373 U.S. 83 (prosecution must disclose material exculpatory evidence)
- People v. Easley, 192 Ill. 2d 307 (counsel cannot be ineffective for not raising non-meritorious claims)
- People v. Blair, 215 Ill. 2d 427 (res judicata and forfeiture bar postconviction claims previously decided or not raised)
- People v. Jeffries, 164 Ill. 2d 104 (second degree murder is not lesser-included of first degree, but a mitigated offense)
- People v. Hudson, 71 Ill. App. 3d 504 (cooling-off period negates claim of serious provocation)
- People v. Mimms, 312 Ill. App. 3d 226 (no involuntary manslaughter instruction where defendant knowingly fires into occupied space)