People v. Merriweather
2017 IL App (4th) 150407
Ill. App. Ct.2017Background
- In 2004 defendant Byron J. Merriweather (born 1985) was indicted for a 2003 homicide; he was 17 at the time of the shooting. A jury convicted him of first degree murder in 2006.
- In May 2006 the trial court sentenced Merriweather to 70 years (45 years + mandatory 25-year firearm enhancement).
- Merriweather filed a pro se postconviction petition in 2008 alleging ineffective assistance of counsel; the trial court dismissed it as frivolous and this court affirmed.
- In Feb 2013 Merriweather moved for leave to file a successive postconviction petition claiming actual innocence based on new affidavits (Slayton, Valentino Merriweather, Davidson, Givan); he later sought to supplement the record with an affidavit from Rashon Pike.
- In March 2015 the trial court denied leave, concluding the original affidavits were not newly discovered; the court did not reference Pike’s affidavit. Merriweather appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Merriweather can raise an as‑applied Eighth Amendment challenge to his 70‑year sentence (Miller claim) for the first time on appeal | State: the claim is forfeited when raised for the first time on appeal; trial court is proper forum for factual development | Merriweather: his sentence is a de facto life term for a juvenile and unconstitutional under Miller/Montgomery | Held: Forfeited. Court follows Thompson — as‑applied challenges raised first on appeal are forfeited; remedy is collateral proceedings (successive petition) not this appeal. |
| Whether the trial court erred in denying leave to file a successive postconviction petition based on newly discovered affidavits (actual innocence) | State: the affidavits are not newly discovered; defendant offered no due‑diligence excuse | Merriweather: affidavits (including Pike’s) show Troy Wells was the shooter and constitute newly discovered, noncumulative evidence establishing actual innocence | Held: Vacated and remanded. Appellate court found the trial court did not rule on the motion to supplement with Pike’s affidavit and remanded for the trial court to consider the supplement and then rule on leave to file the successive petition. |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (mandatory life without parole for juveniles violates Eighth Amendment)
- 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 (Ill. 2015) (as‑applied Eighth Amendment challenges first raised on appeal are forfeited; trial court is the proper forum for fact development)
- People v. Davis, 6 N.E.3d 709 (Ill. 2014) (Miller creates a substantive rule retroactive on collateral review)
- People v. Ortiz, 919 N.E.2d 941 (Ill. 2009) (successive postconviction petitions are disfavored; procedural bars apply)