People v. McClinton
110 N.E.3d 268
Ill. App. Ct.2018Background
- McClinton was convicted in 2010 of aggravated unlawful use of a weapon (AUUW) after officers found a firearm in her car at Stateville Correctional Center; she served jail time and probation.
- This court later reversed her AUUW conviction based on the Illinois Supreme Court’s decision in People v. Aguilar, which held the statute unconstitutional (void ab initio); remaining charges were nolle prossed.
- McClinton petitioned under 735 ILCS 5/2-702 for a certificate of innocence; the trial court denied the petition, reasoning she was factually guilty despite the statute’s invalidation.
- The trial court found McClinton had stipulated to the facts showing she had a gun and concluded she had not proven actual innocence or that she did not voluntarily bring about her conviction.
- McClinton appealed, arguing the trial court misapplied section 2-702(d) and (g), should have issued a certificate of innocence, and that statutory damages determination should follow remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to a certificate of innocence under 735 ILCS 5/2-702 when conviction rests on a statute later held facially unconstitutional | McClinton: statute void ab initio means her acts did not constitute a crime and she need not prove factual innocence beyond that; §2-702(d),(g)(3) covers this situation | State: petitioner must still show factual innocence and that she did not voluntarily cause her conviction; void-ab-initio does not erase evidentiary showing of guilt (citing Holmes) | Court: Vacated trial court and remanded for issuance of certificate — statute void ab initio means acts did not constitute an offense and petitioner meets §2-702 elements; she did not voluntarily bring about conviction |
| Whether McClinton voluntarily caused or brought about her conviction, barring a certificate under §2-702(d),(g)(4) | McClinton: she did not voluntarily cause conviction because the statute criminalizing her conduct was void from enactment | State: even if statute later invalidated, petitioner’s conduct still produced probable cause and voluntary conviction (relying on Holmes) | Court: Holmes inapposite (addressed probable cause). When statute is void ab initio, the conviction cannot be said to have been voluntarily caused by conduct that was never criminal; element satisfied for certificate |
| Whether the trial court must adjudicate statutory damages under Court of Claims Act on remand | McClinton: remand should include damages determination under 705 ILCS 505/8(c) | State: awards under §8(c) are within exclusive jurisdiction of the Court of Claims, not the circuit court | Held: Court of Claims, not the trial court, has exclusive jurisdiction to award damages; remand limited to issuing certificate of innocence |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court) (statute criminalizing certain defensive gun use held unconstitutional; statute void ab initio)
- People v. Holmes, 2017 IL 120407 (Illinois Supreme Court) (void-ab-initio doctrine does not retroactively invalidate probable cause for arrest)
- People v. McFadden, 2016 IL 117424 (Illinois Supreme Court) (discussion of void ab initio and consequences when statute is facially unconstitutional)
- People v. Blair, 2013 IL 114122 (Illinois Supreme Court) (addressing statutes declared constitutionally infirm from enactment)
- People v. Gersch, 135 Ill.2d 384 (Illinois Supreme Court) (an unconstitutional statute is void from inception and has retroactive effect)