People v. Thompson
2015 IL 118151
| Ill. | 2016Background
- Thompson fatally shot his father and a woman at age 19, leading to two first-degree murder convictions.
- He was sentenced to natural life imprisonment under 730 ILCS 5/5-8-1(a)(1)(c)(ii) as to multiple victims after the capital-sentencing phase.
- Direct appeal upheld convictions and sentences; subsequent postconviction and habeas actions occurred.
- In 2011 Thompson filed a section 2-1401 petition seeking relief from a final judgment; the petition was dismissed as untimely and meritless.
- In 2012 Miller v. Alabama held mandatory LWOP for under-18 offenders unconstitutional; Thompson then argued Miller applied to him as an as-applied challenge, raised for the first time on appeal from 2-1401 dismissal.
- The appellate court held Thompson forfeited the Miller-based as-applied challenge by raising it on appeal rather than in the 2-1401 petition; the Illinois Supreme Court affirmed, addressing procedural posture and forfeiture.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May Thompson raise an as-applied Miller challenge on appeal from 2-1401 dismissal? | Thompson ( Thompson ) argues Miller applies to 18–21 and may be reviewed on appeal. | State asserts Miller-based claims are not exempt from 2-1401 forfeiture and were not raised in the petition. | No; forfeited on appeal. |
| Are there voidness-based exemptions to 2-1401 that allow the Miller claim to proceed? | Thompson contends the as-applied Miller challenge is a voidness issue that may be brought at any time. | Voidness exceptions are narrow (jurisdiction, void ab initio statutes); Miller as-applied not exempt. | Not exempt; not a voidness-based exception. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory life without parole for juveniles violates Eighth Amendment)
- Sarkissian v. Chicago Bd. of Educ., 201 Ill. 2d 95 (2002) (voidness exemption applies to certain jurisdictional defects; not here)
- LVNV Funding, LLC v. Trice, 2015 IL 116129 (Ill. 2015) (voidness challenges limited to lack of jurisdiction or void ab initio statutes)
- Hill v. Cowan, 202 Ill. 2d 151 (2002) (distinguishes facial vs. as-applied challenges; development of record required)
- People v. Davis, 2014 IL 115595 (Ill. 2014) (Miller rule announced new substantive retroactive for minors; sentencing scheme nuances)
- People v. Garvin, 219 Ill. 2d 104 (2006) (distinguishes facial vs. as-applied challenges; completeness of record)