People v. Munoz
406 Ill. App. 3d 844
Ill. App. Ct.2010Background
- Trial court convicted Munoz of first degree murder and attempted murder in 1986; sentenced to consecutive terms of 40 and 20 years.
- Direct appeal in 1988 affirmed convictions and sentence; later postconviction petitions were filed and dismissed as untimely/frivolous.
- In 2001, Munoz filed a pro se postconviction petition; 2002 appellate court affirmed dismissal after Finley protection.
- In 2008, Munoz moved for leave to file a successive postconviction petition under 725 ILCS 5/122-1(f); court denied.
- Munoz attached an affidavit from Hermino Molina alleging not present at shooting and witness to different shooter; Molina’s affidavit raised actual innocence grounds.
- Appellate court reverses lower court, holds Molina affidavit can support an actual innocence claim; remands for further proceedings and vacates $105 filing fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Molina affidavit supports an actual innocence claim | Munoz argues Molina provides new, material, noncumulative evidence of innocence. | State contends Molina is not free-standing or sufficient for innocence; evidence is cumulative or not newly discovered. | Reversed dismissal; remanded for further proceedings. |
| Whether cause/prejudice requirement is excused by actual innocence | Ortiz allows actual innocence to excuse successive petition requirements. | State argues Molina does not meet standards; burden remains high. | Cause-and-prejudice requirement excused; remanded. |
| Whether the petition asserts a free-standing actual innocence claim | Affidavit and discovery efforts support a free-standing claim separate from Brady issues. | State says argument is tied to other claims and not independently viable. | Remand guidance; petition advances; not dismissed on this basis. |
| Whether the trial court erred in taxing a $105 filing fee | Frivolous filing fee should be vacated in light of remand. | State argues fee appropriate for frivolous petition. | Vacated; fee improper given remand. |
Key Cases Cited
- People v. Hodges, 234 Ill.2d 1 (2009) (low threshold for pro se petitions; gist suffices at first stage)
- People v. Ortiz, 235 Ill.2d 319 (2009) (actual innocence can excuse successive petitions; required material evidence)
- People v. Anderson, 401 Ill.App.3d 134 (2010) (actual innocence must be material, noncumulative and likely to change result)
- People v. Hobley, 182 Ill.2d 404 (1998) (free-standing actual innocence claim requirement; Brady evidence alone insufficient)
- People v. Williams, 392 Ill.App.3d 359 (2009) (newly discovered affidavits may support actual innocence; due diligence considerations)
- People v. Sparks, 393 Ill.App.3d 878 (2009) (affidavit consideration and potential reassignment if affidavits overlooked)
- People v. Reyes, 369 Ill.App.3d 1 (2006) (case reassignment considerations when court prejudice otherwise indicated)
- People v. Hanks, 335 Ill.App.3d 894 (2002) (progression of postconviction petitions when affidavits advance the petition)
- People v. Marshall, 381 Ill.App.3d 724 (2008) (frivolous petition standards; dismissals addressed)
- People v. Collier, 387 Ill.App.3d 630 (2008) (pleading standards in postconviction petitions; related to Ortiz guidance)