People v. Bailey

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Defendant was charged with residential burglary and disarming a peace officer. The circuit court allowed defendant’s public defender to withdraw. Defendant proceeded pro se and was convicted. On appeal, defendant’s sole claim was that his waiver of trial counsel had not been voluntary. The appellate court affirmed. The Illinois Supreme Court denied leave to appeal. Defendant sought post-conviction relief (725 ILCS 5/122-1(a)). The appellate court affirmed dismissal of the petition. Defendant filed a pro se motion for leave to file a second postconviction petition (725 ILCS 5/122-1(f)). Defendant did not address cause and prejudice but claimed actual innocence, newly discovered evidence, denial of due process, speedy trial violation, and ineffective assistance of counsel. He claimed that his expected favorable ruling in a suit against the trial judge would provide the evidence necessary to support his claims. The circuit court held a hearing and dismissed; defendant was not present, nor was he represented. Defendant argued that the circuit court erred in permitting the state to participate at the cause and prejudice stage. The appellate court and Illinois Supreme Court affirmed. The Post-Conviction Hearing Act permits a defendant to file a successive postconviction petition only if he can demonstrate cause and prejudice by alleging facts to explain why the claims being asserted in the successive petition could not have been raised in the initial postconviction petition. Whether this prima facie showing of cause and prejudice has been made is a question of law for the circuit court. Here, the circuit court erroneously permitted the state to argue against a finding of cause and prejudice, however, as a matter of law, defendant failed to demonstrate cause and prejudice. View "People v. Bailey" on Justia Law