People v. Thompson
43 N.E.3d 984
| Ill. | 2015Background
- In 1994 Dennis Thompson (age 19) shot and killed two people; he confessed and was convicted of two counts of first‑degree murder after a bench trial.
- At sentencing the trial court found him death‑eligible but imposed mandatory natural life imprisonment under the statute then in force for multiple murders.
- Thompson pursued direct appeal, postconviction relief, and federal habeas review without success; those proceedings concluded years before 2011.
- In December 2011 Thompson filed a section 2‑1401 petition alleging, among other things, failure to appoint capital‑qualified counsel; the trial court dismissed the petition as untimely.
- On appeal Thompson abandoned those claims and for the first time argued an as‑applied Eighth Amendment challenge relying on Miller v. Alabama (arguing Miller’s juvenile‑development rationale should extend to ages 18–21).
- The appellate court held the as‑applied Miller claim was forfeited because it was raised for the first time on appeal and did not fall within the narrow categories of a “void judgment” excusing section 2‑1401 procedural bars; the Illinois Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument (Thompson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether an as‑applied Miller challenge to a mandatory natural‑life sentence (committed at age 19) may be raised for the first time on appeal from dismissal of a section 2‑1401 petition | Miller’s rationale about youth and brain development should apply to 18–21 year‑olds; an as‑applied Eighth Amendment claim renders the sentence void and therefore exempt from 2‑year/forfeiture rules | Thompson’s petition lacked any as‑applied Eighth Amendment claim, was untimely, and Miller does not make an as‑applied challenge a voidness claim exempting section 2‑1401 requirements | The as‑applied Miller challenge was forfeited; such claims are not among the narrow voidness categories that excuse section 2‑1401 procedural bars (affirmed) |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for under‑18s violates the Eighth Amendment)
- People v. Davis, 2014 IL 115595 (Miller announces a new substantive rule retroactive to juveniles)
- Sarkissian v. Chicago Bd. of Educ., 201 Ill. 2d 95 (2002) (void‑judgment exception to section 2‑1401 for lack of personal jurisdiction)
- LVNV Funding, LLC v. Trice, 2015 IL 116129 (void judgments limited to fundamental defects like lack of jurisdiction)
- People v. Castleberry, 2015 IL 116916 (abolishing the separate "void sentence" rule)