2013 IL App (1st) 102925
Ill. App. Ct.2013Background
- McKenzie was convicted of first-degree murder and sentenced to 60 years IDOC.
- He later pled guilty to second-degree murder in an unrelated case, receiving a 40-year IDOC sentence that was to run consecutively.
- As part of the plea, McKenzie waived appellate and postconviction rights in both cases.
- The 40-year second-degree murder sentence was later reduced to 30 years by Illinois Supreme Court supervisory order at McKenzie’s request.
- McKenzie’s pro se postconviction petition was dismissed at the first stage as frivolous and patently without merit.
- On appeal, McKenzie argued the waiver of rights is void against public policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of appellate/postconviction rights against public policy | McKenzie argues waivers are void against public policy. | People maintains Illinois precedent upholds such waivers. | Waiver upheld; public policy not served to invalidate. |
| Effect of prior sentence reform on postconviction relief | Donelson would not permit relief given sentence was remedied. | Public policy and prior rulings permit review despite remand relief. | Donelson forecloses seeking additional remedy; White distinguished. |
| Applicability of Donelson to foreclose argument | White may permit withdrawal of plea when remedy granted. | Donelson controls; White is distinguishable. | Donelson controls; White inapplicable to sustain challenge. |
Key Cases Cited
- People v. Donelson, 2013 IL 113603 (Illinois Supreme Court 2013) (controls whether waivers and remedies foreclose postconviction relief)
- People v. White, 2011 IL 109616 (Illinois Supreme Court 2011) (remedies after plea defects; distinguishable from Donelson)
- People v. Perkins, 229 Ill. 2d 34 (Illinois Supreme Court 2007) (first-stage analysis focuses on gist of constitutional claim)
- People v. Pendleton, 223 Ill. 2d 458 (Illinois Supreme Court 2006) (three-stage postconviction framework)
- Petrenko, 237 Ill. 2d 490 (Illinois Supreme Court 2010) (standard for summary dismissal at first stage)
- Hodges, 234 Ill. 2d 1 (Illinois Supreme Court 2009) (arguable basis for dismissal standards)
- Gaultney, 174 Ill. 2d 410 (Illinois Supreme Court 1996) (original articulation of first-stage considerations)
- People v. Coleman, 183 Ill. 2d 366 (Illinois Supreme Court 1998) (limits on trial court fact-finding at dismissal stage)