407 Ill. App. 3d 813
Ill. App. Ct.2011Background
- Defendant Victor Tripp was convicted by jury of four concurrent armed-robbery sentences of 55 years each.
- A pretrial motion to suppress a footlocker and weapons found in the car was denied as supported by probable cause.
- On direct appeal, this court rejected suppression and related claims; the Illinois Supreme Court denied leave to appeal.
- In 2000, Tripp filed a pro se postconviction petition which was dismissed as frivolous.
- In 2009, Tripp filed a second postconviction petition seeking relief based on Arizona v. Gant; the trial court denied leave to file.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly denied leave to file a successive petition | Tripp argues Gant is retroactive and requires relief. | State argues Gant is not retroactive and leave was properly denied under 122-1(f). | Gant not retroactive; leave denied. |
| Whether Gant creates a watershed rule requiring retroactive application | Gant is a fundamental rule that should apply retroactively. | Gant does not constitute a watershed rule; no retroactive effect on collateral review. | Gant not a watershed rule; retroactivity denied. |
Key Cases Cited
- Arizona v. Gant, 129 S. Ct. 1710 (Supreme Court 2009) (two-part vehicle-search rule; new rule not retroactive)
- Teague v. Lane, 489 U.S. 288 (Supreme Court 1989) (retroactivity framework for new rules on collateral review)
- People v. Flowers, 138 Ill.2d 218 (Illinois Supreme Court 1990) (Teague-based retroactivity framework in Illinois)
- People v. Morris, 236 Ill.2d 345 (Illinois Supreme Court 2010) (watershed-rule analysis under Teague)
- Gideon v. Wainwright, 372 U.S. 335 (Supreme Court 1963) (counsel must be appointed for indigents in felony prosecutions)
- Belton, 453 U.S. 454 (Supreme Court 1981) (search incident to arrest in automobile context)
- Chimel v. California, 395 U.S. 752 (Supreme Court 1969) (limits on searches incident to arrest)
- Thornton v. United States, 541 U.S. 615 (Supreme Court 2004) (extension of Belton rule to certain post-arrest searches)
- Tidwell, 236 Ill.2d 150 (Illinois Supreme Court 2010) (successive petitions require leave and cause/prejudice analysis)
- LaPointe, 227 Ill.2d 39 (Illinois Supreme Court 2007) (cause-and-prejudice test for successive petitions)