People v. Ross
188 N.E.3d 703
Ill. App. Ct.2020Background
- Darione Ross was convicted in 2012 of first-degree murder and attempted armed robbery for a 2008 killing; he was 19 at the time and received a 50-year sentence (45 + 5 consecutive).
- Ross filed an initial postconviction petition in January 2016; it was summarily dismissed and that dismissal was affirmed on appeal.
- In February 2017 Ross filed a pro se motion for leave to file a successive postconviction petition arguing his 50-year sentence is an unconstitutional de facto life sentence as applied to him under evolving youth-based sentencing law.
- Ross relied on Miller v. Alabama and Illinois cases (including Reyes, House, Harris) and later developments (Buffer) to argue young-adult brain science and the de facto life-line (40 years) supported his claim.
- The trial court denied leave, finding Ross failed to show cause (because Miller and House predated his initial petition) and prejudice; Ross appealed.
- The appellate court reversed, holding Ross established both cause and prejudice to file a successive petition regarding an as-applied challenge under the Illinois proportionate penalties clause, and remanded for further postconviction proceedings (excluding any Eighth Amendment claim).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred denying leave to file a successive postconviction petition | Ross could have raised Miller/House earlier; those precedents don’t apply to him | New governing law (Reyes and Buffer) and developments postdated his initial petition, creating cause; facts pleaded warrant development | Reversed: Ross showed cause and prejudice; remanded for further proceedings on his as-applied proportionate-penalties claim |
| Whether Ross can seek relief under the Eighth Amendment/Miller as a young adult | Miller’s Eighth Amendment rule draws the line at 18; Miller does not extend to 19-year-olds | Evolving science and Illinois case law permit as-applied youth-based challenges by young adults under state constitutional clause | Eighth Amendment claim rejected as inapplicable; permissible avenue is an as-applied challenge under Illinois proportionate penalties clause (remand limited to that claim) |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (mandatory life without parole for juveniles unconstitutional)
- People v. Reyes, 2016 IL 119271 (Illinois applies Miller to de facto life juvenile sentences)
- People v. Holman, 2017 IL 120655 (life sentences for juveniles violate Eighth Amendment absent youth-based consideration)
- People v. Buffer, 2019 IL 122327 (a juvenile sentence over 40 years is a de facto life sentence)
- People v. Harris, 2018 IL 121932 (as-applied youth-based claims require a developed factual record)
- People v. Thompson, 2015 IL 118151 (recognized the potential relevance of juvenile brain-development science to some young adults)