People v. Merriweather, 233 N.E.3d 222

In June 2003 Byron Josha Merriweather (born June 1985) shot and killed Steven McDade at Miller Park in Bloomington; Merriweather was 10 days short of 18 and a Vice Lords gang member.
A jury convicted Merriweather of first‑degree murder in 2006; the trial court imposed a 70‑year sentence (45 years + mandatory 25‑year firearm enhancement).
Merriweather pursued direct and postconviction appeals; after Miller v. Alabama and subsequent litigation, this court vacated his sentence and remanded for resentencing under the juvenile‑sentencing framework of 730 ILCS 5/5‑4.5‑105.
At the 2021 resentencing the court received testimony and documentary mitigation (family witnesses, prison record, psychiatric evaluation, education certificates), heard allocution, and ultimately imposed a 35‑year term and declined the firearm enhancement.
Merriweather moved to reconsider; the motion was denied. He appeals, arguing the trial court misapplied the statutory juvenile mitigating factors and that he received ineffective assistance of counsel.

Issue	Plaintiff's Argument (People)	Defendant's Argument (Merriweather)	Held
Whether the trial court improperly applied the mandatory juvenile mitigating factors in 730 ILCS 5/5‑4.5‑105(a)	The court properly considered all nine factors, weighed them against aggravating evidence, and did not err in characterizing some factors as aggravating given the record.	The court misapplied or downplayed six statutory juvenile factors and should have given them greater mitigating weight.	Affirmed — no statutory error; court considered the factors and did not abuse its discretion in imposing 35 years.
Whether Merriweather received ineffective assistance of counsel at resentencing	Counsel reasonably relied on mitigation evidence (rehabilitation, family testimony) as strategy; no showing of deficient performance or prejudice.	Counsel focused unduly on rehabilitation and failed to present/object on juvenile‑factor evidence, depriving Merriweather of a lower sentence.	Affirmed — defendant failed to show counsel’s performance was deficient or that a different strategy probably would have reduced the sentence.

Miller v. Alabama, 567 U.S. 460 (juvenile life‑without‑parole requires consideration of youth/attendant characteristics)
Montgomery v. Louisiana, 577 U.S. 190 (Miller rule is retroactive; sentencing courts must consider juvenile characteristics)
Jones v. Mississippi, 141 S. Ct. 1307 (2021) (no separate finding of permanent incorrigibility required to impose discretionary life)
People v. Buffer, 2019 IL 122327 (Illinois legislature’s juvenile factors consistent with Miller; discussion of de facto life limits)
People v. Dorsey, 2021 IL 123010 (interpreting Jones and Holman in Illinois context)
Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
People v. Alexander, 239 Ill. 2d 205 (standard of review for sentencing and abuse of discretion)