People v. Merriweather, 2017 IL App (4th) 150407

In June 2003 defendant Byron Merriweather (born June 1985) fatally shot Steven McDade; defendant was 17 at the time.
A grand jury indicted him for first degree murder; a jury convicted in February 2006 and the trial court sentenced him in May 2006 to 70 years (45 years plus mandatory 25-year firearm enhancement).
Merriweather’s direct appeal affirmed. He filed a pro se postconviction petition in 2008 alleging ineffective assistance of trial and appellate counsel; it was dismissed as frivolous and that dismissal was affirmed.
In February 2013 Merriweather moved for leave to file a successive postconviction petition claiming actual innocence based on new affidavits identifying another shooter; he later sought to supplement with an additional affidavit (Pike).
The trial court denied leave in March 2015, finding the initial affidavits were not newly discovered; the court did not reference or rule on the Pike affidavit.
On appeal Merriweather challenged (1) his sentence as a de facto life term under Miller and (2) the trial court’s denial of leave to file a successive postconviction petition; the appellate court remanded for the trial court to rule on the motion to supplement with Pike’s affidavit and vacated the trial court’s denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Merriweather may raise an as‑applied Eighth Amendment challenge to his 70‑year sentence under Miller for the first time on appeal from the denial of leave to file a successive postconviction petition	The State: such as‑applied challenges raised for the first time on appeal are forfeited; Thompson requires development at the trial level	Merriweather: his 70‑year sentence is a de facto life sentence and unconstitutional as applied under Miller	Court: Forfeited — Merriweather cannot raise the as‑applied Miller claim for the first time on appeal; the proper vehicle is a successive postconviction petition where the trial court can develop the record
Whether the trial court erred by denying leave to file a successive postconviction petition alleging actual innocence based on newly discovered affidavits	The State: the affidavits were not newly discovered and could have been developed prior to trial	Merriweather: new affidavits (including Pike) identify another shooter (Troy Wells/T‑Y) and establish actual innocence, warranting leave	Court: Remand — the trial court failed to address Merriweather’s motion to supplement with Pike’s affidavit; trial court must rule on the supplementation and then determine leave under the cause‑and‑prejudice / actual innocence standards

Miller v. Alabama, 567 U.S. 460 (juvenile mandatory life without parole unconstitutional)
Montgomery v. Louisiana, 136 S. Ct. 718 (new substantive rules must be given retroactive effect in collateral proceedings)
People v. Thompson, 43 N.E.3d 984 (Illinois Supreme Court: as‑applied Eighth Amendment challenges can be forfeited if raised first on appeal; trial court must develop record)
People v. Davis, 6 N.E.3d 709 (Miller created a new substantive rule; retroactivity in Illinois)
People v. Ortiz, 919 N.E.2d 941 (standards for successive postconviction petitions and actual innocence exception)
People v. Edwards, 969 N.E.2d 829 (actual innocence standard to excuse procedural default)