People v. Miller, 2017 IL App (3d) 140977

Background

In 2006 a jury convicted Ryan A. Miller of first-degree murder of a 17-month-old; initial sentence was mandatory natural life. After postconviction proceedings the court granted a resentencing and Miller received 60 years in 2015.
Facts: Miller babysat the child, admitted to striking, shaking, throwing her and repeatedly pushing her head into a couch; autopsy showed a transected liver and blunt-force trauma consistent with severe abdominal injury and linear bruises consistent with an antenna.
Postconviction petition (pro se, later amended) raised 28 claims, including: unconstitutional mandatory life sentence, trial fitness concerns related to Seroquel, ineffective assistance for failure to request lesser-included instructions, discovery violation (undisclosed recorded conversation), and prosecutorial misconduct.
The State filed a responsive pleading captioned as an “answer” (but substantively attacking many claims) and conceded only that resentencing was required; the court dismissed several claims at the second stage and advanced fitness and instruction claims to an evidentiary hearing.
At the third-stage hearing the court found: no bona fide doubt of fitness (trial judge and trial counsel saw nothing remarkable in Miller’s trial demeanor), postconviction counsel provided reasonable assistance, and trial/appellate counsel were not ineffective regarding lesser-included instructions because Miller pursued an all-or-nothing defense and declined to testify.
The appellate court affirmed: (1) the form of the State’s pleading did not bar dismissal because substance controls; (2) postconviction counsel met Rule 651(c) standards; (3) no ineffective assistance shown on instruction claim; and (4) the 60-year sentence was within range and not an abuse of discretion.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Miller)	Held
1. Whether State’s responsive pleading captioned as an “answer” precluded second-stage dismissal	The substance attacked sufficiency of petition; court may treat pleading according to substance and dismiss inadequate claims	Captioning as an "answer" deprived the court of authority to dismiss claims at second stage	Substance controls; dismissal proper—State’s answer functioned as a motion-to-dismiss in substance, so court could dismiss inadequate claims (affirmed).
2. Whether postconviction counsel provided unreasonable assistance under Rule 651(c)	Counsel filed required certificate, fairly presented claims, and omissions (e.g., not producing Seroquel literature or a recording) were not prejudicial	Counsel failed to bolster fitness and discovery claims (didn't produce recording or medical literature), warranting remand	Counsel substantially complied with Rule 651(c); omissions were not shown to be prejudicial or to change outcome—no remand.
3. Whether trial/appellate counsel were ineffective for not requesting lesser-included instructions	Heintz testified he discussed lesser-included options with Miller and strategy favored all-or-nothing; appellate counsel raised no meritorious claim	Counsel failed to investigate/request involuntary manslaughter or reckless homicide instructions; appellate counsel should have raised it	Trial court credited counsel’s testimony that Miller declined lesser-included strategy and did not want to testify; no substantial showing of ineffective assistance—claim denied.
4. Whether the 60-year resentencing sentence was excessive	Sentence within statutory range and justified by the brutal facts; trial court weighed mitigating factors	Miller argued mitigating factors (age, upbringing, drug dependence, rehabilitation) warranted a lesser sentence	Sentencing court did not abuse discretion; 60 years permissible and not an abuse given nature of offense—affirmed.

Key Cases Cited

People v. Edwards, 197 Ill. 2d 239 (discusses second-stage burden to make substantial showing of a constitutional violation)
People v. Coleman, 183 Ill. 2d 366 (trial court must accept well-pled facts as true at second stage)
People v. Pendleton, 223 Ill. 2d 458 (Rule 651(c) standards for postconviction counsel assistance)
People v. Mitchell, 189 Ill. 2d 312 (use of psychotropic medication does not automatically create bona fide doubt of fitness)
People v. Latona, 184 Ill. 2d 260 (appellate review of sentencing; deference to trial court)
People v. Perruquet, 68 Ill. 2d 149 (trial court’s sentencing discretion and factors to consider)
People v. Wells, 182 Ill. 2d 471 (standard for reversing trial court factual findings as manifestly erroneous)
People v. Wooters, 188 Ill. 2d 500 (constitutional challenge to mandatory life sentence statute)