People v. McMillen
961 N.E.2d 400
Ill. App. Ct.2011Background
- Defendant Gregory McMillen was convicted of first-degree murder in 1994 and sentenced to 40 years.
- On direct appeal, conviction was affirmed; no involuntary intoxication defense raised at trial.
- Defendant submitted multiple pretrial psychiatric evaluations concluding fitness to stand trial.
- Defense expert testified that defendant suffered from paranoid schizophrenia, with drug-induced paranoia possible on the murder day.
- State expert opined defendant was sane; trial included testimony about cocaine use and medication effects.
- In 2009, McMillen filed a pro se postconviction petition alleging unwarned adverse side effects from prescription meds and cocaine; trial court dismissed; appellate review followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hari applies retroactively to postconviction review. | McMillen argues Hari creates a new substantive rule applicable retroactively. | State argues Hari is procedural and not retroactive. | Hari not retroactive; petition deemed waived on merits but still resolves merits under Hari framework. |
| Whether voluntary cocaine/medication use bars involuntary intoxication defense. | McMillen asserts unwarned adverse effects could render intoxication involuntary. | State argues voluntary ingestion of cocaine precludes involuntary intoxication. | Voluntary ingestion bars involuntary intoxication defense under 6-3. |
| Whether Hari’s scope overrode prior cases allowing involuntary intoxication despite voluntary drug use. | McMillen relies on Hari to broaden defense. | State contends Hari narrows/does not overrule prior voluntary-use precedents for this context. | Hari narrows overruled aspects but does not revive involuntary intoxication for voluntary drug users; not applicable here. |
Key Cases Cited
- People v. Hari, 218 Ill.2d 275 (2006) (expanded involuntary intoxication to unwarned prescription side effects)
- People v. Rogers, 123 Ill.2d 487 (1988) (voluntary ingestion of drugs defeats involuntary intoxication defense)
- People v. Downey, 162 Ill. App.3d 322 (1987) (cocaine addiction not rendering acts involuntary)
- People v. Gerrior, 155 Ill.App.3d 949 (1987) (knowledge of prescribed meds and potential extreme reaction affects voluntariness)
- People v. Larry, 144 Ill.App.3d 669 (1986) (voluntary intoxication through mixing substances considered voluntary)
- People v. Walker, 33 Ill.App.3d 681 (1975) (taken Seconal with alcohol fell under voluntary intoxication)
- People v. Brumfield, 72 Ill.App.3d 107 (1979) (involuntary intoxication evidence admissibility distinguished by Brumfield facts)
- People ex rel. Birkett v. City of Chicago, 292 Ill.App.3d 745 (1997) (persuasive authority for considering relevant authorities)
- People v. Alberts, 383 Ill.App.3d 374 (2008) (unwarned adverse effects of prescription meds distinguishable)
- People v. Harris, 224 Ill.2d 115 (2007) (postconviction framework and standard for first stage)