Hennings v. Chandler

890 N.E.2d 920, 229 Ill. 2d 18, 322 Ill. Dec. 1, 2008 Ill. LEXIS 334
Illinois Supreme Court·Decided May 22, 2008·No. 102694, 103405 cons.·Published·Cited by 59 cases

Opinion

JUSTICE KARMEIER

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Burke concurred in the judgment and opinion.

OPINION

These consolidated appeals present the question of whether a trial court has the authority to sua sponte deny a state habeas corpus complaint without notice to the plaintiff, leave to amend the complaint, or a hearing. We conclude that a trial court has such authority, and therefore affirm the appellate court in both cases.

BACKGROUND

Contained within the Code of Civil Procedure (Code or Act) (735 ILCS 5/5 — 101 et seq. (West 2002)) is article X, which codifies the laws of this state governing complaints for habeas corpus relief (735 ILCS 5/10 — 101 et seq. (West 2002)). Article X includes specific procedural provisions regulating habeas corpus actions, and these sections control over the general procedural provisions contained in article II, known as the Civil Practice Law (735 ILCS 5/1 — 101(b), 2 — 101 et seq. (West 2002)). 735 ILCS 5/1 — 108(a) (West 2002) (“The provisions of Article II of this Act apply to all proceedings covered by Articles III through XIX of this Act except as otherwise provided in each of the Articles III through XIX, respectively”). Both appellants herein, Edward Hennings and Vincent Patterson, filed complaints for habeas corpus relief under article X. We turn to the specifics of each case.

No. 102694 — Edward Hennings

On August 8, 2001, Edward Hennings was charged with burglary, a Class 2 felony (720 ILCS 5/19 — 1(a), (b) (West 2000)), and criminal damage to property, a Class A misdemeanor (720 ILCS 5/21 — l(l)(a), (2) (West 2000)) in the circuit court of Will County. The indictment alleged that Hennings had two previous Class 2 felony convictions in Will County. On September 18, 2001, Hennings entered into a fully negotiated plea agreement whereby he agreed to plead guilty to burglary in exchange for the State entering a nolle prosequi on the criminal damage to property count and recommending a sentence of 12 years’ imprisonment for the burglary offense. The trial court accepted the plea agreement and sentenced Hennings as a Class X offender to 12 years’ imprisonment.

On November 22, 2004, Hennings filed a pro se “Petition for Habeas Corpus Relief’ in the circuit court, alleging, inter alia, that his 12-year sentence exceeded the maximum nonextended term of 7 years’ imprisonment for a Class 2 felony, that the sentencing court exceeded its jurisdiction in sentencing him to an “enhanced sentence of 12 years imprisonment pursuant to 730 ILCS 5/5 — 5—3(c)(8),” and that the time for which he could legally be confined, seven years, had expired. The record shows that on December 9, 2004, the trial court reported that Hennings had filed “a written petition of habeas corpus,” and that the court would “make initial review of it and set the matter over for status on my review of the petition.” The following day, December 10, 2004, the court held further proceedings on the habeas corpus complaint. After summarizing Hennings’ allegations, the court stated that it had reviewed the mittimus, which showed a “Class X mandatory” sentence was imposed, noting the language of section 5 — 5—3(c)(8), which required sentencing Hennings as a Class X offender due to his criminal history, and concluded:

“The Class X sentencing category is between six and 30 years in the Department of Corrections. He received a sentence of 12 years in the Department of Corrections, which is not beyond the appropriate sentence for the crime committed, given his criminal history. So, the petition for habeas corpus relief is denied.”

Hennings appealed, arguing the trial court lacked statutory authority to “summarily dismiss” 1 his complaint for habeas corpus relief. No. 3 — 05—0016 (unpublished order under Supreme Court Rule 23). The appellate court disagreed, citing section 10 — 106 of the Act, and holding that because it was apparent from the face of the habeas corpus complaint and the record that Hennings was not entitled to relief, the trial court properly dismissed the complaint. Hennings’ petition for leave to appeal was granted by this court. 210 Ill. 2d R. 315(a).

No. 103405 — Vincent Patterson

Following a 1983 jury trial in the circuit court of Cook County, Vincent Patterson was convicted of two counts of murder and one count of armed robbery. On August 4, 1983, Patterson was sentenced to natural life imprisonment and a concurrent 30-year term for armed robbery. The record shows that, on direct appeal, the appellate court vacated one murder conviction, but otherwise affirmed Patterson’s convictions and sentences. No. 1 — 83—1877 (1985) (unpublished order under Supreme Court Rule 23).

On October 14, 2003, Patterson filed a pro se “Petition for Writ Habeas Corpus” in the circuit court, alleging an ex post facto violation in that certain statutory aggravating factors used to impose an “extended-term” for murder were not in effect at the time he was charged with the offense in 1981. Patterson’s habeas corpus complaint further alleged that he had “served out the maximum sentence allowed by law under the statutory provision of 1981 when *** the penalty was 20 to 40 years for ‘Murder.’ ” The complaint concluded: “WHEREFOER, [sic] Petitioner VINCENT PATTERSON, Prays that a Writ of Habeas Corpus issue [to] bring Petitioner immediately *** to open court pursuant to 735 ILCS 5/10 — 114, at a designated time and date to plead such valid and meritorious argument in view that Petitioner is now entitle [sic] to ‘Immediate Release’ From Prison.” On October 17, 2003, the trial court denied the complaint sua sponte, stating: “Vincent Patterson, petition for writ of hab[ea]s corpus and appointment of counsel denied.”

Patterson appealed, contending, as did Hennings, that the circuit court did not have statutory authority to deny his habeas corpus complaint and, further, that due process entitled him to notice and a hearing prior to any disposition of the complaint. The appellate court affirmed, first noting that “the law in this district is unsettled as to whether the summary dismissal procedure is restricted solely to stage one postconviction petitions where the procedure is explicitly authorized by statute,” but holding that even if it is unavailable, “the erroneous deployment of the summary dismissal procedure is still subject to harmless error analysis.” No. 1 — 04—0077 (unpublished order under Supreme Court Rule 23). Because Patterson “[did] not even attempt to defend the merits of his underlying bases for seeking habeas corpus relief,” the panel concluded his habeas corpus action was “doomed to failure” and affirmed the trial court’s judgment denying the complaint. On September 26, 2007, we granted Patterson’s petition for leave to appeal (210 Ill. 2d R.

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Hennings v. Chandler, 890 N.E.2d 920, 229 Ill. 2d 18, 322 Ill. Dec. 1, 2008 Ill. LEXIS 334 (Ill. 2008).

890 N.E.2d 920 (Hennings v. Chandler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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