People v. Deloney

793 N.E.2d 189, 341 Ill. App. 3d 621, 275 Ill. Dec. 709, 2003 Ill. App. LEXIS 829
CourtAppellate Court of Illinois
DecidedJune 30, 2003
Docket1—98—1413, 1—00—0914 cons.
StatusPublished
Cited by39 cases

This text of 793 N.E.2d 189 (People v. Deloney) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Deloney, 793 N.E.2d 189, 341 Ill. App. 3d 621, 275 Ill. Dec. 709, 2003 Ill. App. LEXIS 829 (Ill. Ct. App. 2003).

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

This appeal is before us again because of a supervisory order of the Illinois Supreme Court entered on December 31, 2002, directing this court to vacate and reconsider its previous order in this appeal, People v. Deloney, Nos. 1 — 98—1413, 1 — 00—1914 cons. (July 26, 2002) (unpublished order under Supreme Court Rule 23), in light of the supreme court’s recent holding in People v. Boclair, 202 Ill. 2d 89 (2002), which provides that the trial court may not summarily dismiss a postconviction petition solely on the basis of its untimeliness.

The underlying facts of this case have been set forth adequately in the order concerning defendant’s direct appeal. Accordingly, we state herein only those facts necessary to the disposition of this postconviction appeal, including the procedural background that follows.

On October 6, 1994, following a bench trial, defendant was found guilty of three counts of first degree murder. Defendant appealed this judgment, asserting that he was not proven guilty beyond a reasonable doubt because the eyewitness testimony was unreliable and his statement was given involuntarily and uncorroborated by the evidence. We affirmed the trial court’s judgment on March 21, 1997. People v. Deloney, No. 1 — 95—0199 (1997) (unpublished order under Supreme Court Rule 23). Defendant petitioned for leave to appeal our decision, but was denied by the Illinois Supreme Court on June 4, 1997. People v. Deloney, 173 Ill. 2d 532 (1997).

On November 21, 1997, defendant filed a combined postconviction petition and a petition for relief from judgment pursuant to section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2 — 1401 (West 1998)), asserting multiple grounds for relief, including police brutality and coercion; actual innocence; ineffective assistance of trial counsel; judicial bias; and prosecutorial misconduct. After reviewing defendant’s petition, the trial court found that it was untimely and, furthermore, that all of defendant’s claims were frivolous and patently without merit. Thus, on February 19, 1998, the trial court summarily dismissed defendant’s petition. Defendant appealed from the trial court’s decision and the case was docketed as appeal number 1 — 98—1413. One day after filing his opening brief in the appeal, defendant filed a motion to supplement the record with an affidavit from identification witness Brenda Marie Hall, in which she recanted her trial testimony. On March 19, 1998, without commenting on the timeliness or the merits of defendant’s petition, this court ordered that appeal number 1 — 98— 1413 be dismissed with leave to reinstate, directing the trial court to reconsider its earlier dismissal of defendant’s postconviction petition in light of Hall’s affidavit. On January 7, 2000, after reviewing defendant’s original petition with Hall’s affidavit, the trial court again dismissed it on the basis of its untimeliness and frivolousness.

On February 2, 2000, defendant filed his appeal of the second dismissal of his postconviction petition, which was docketed as appeal number 1 — 00—0914. This court consolidated defendant’s postconviction appeals. Accordingly, we consider defendant’s arguments and briefs filed under both case numbers together.

On July 26, 2002, we affirmed the trial court’s dismissal, finding that defendant failed to establish that the untimely filing of his petition was not due to his own culpable negligence. Deloney, Nos. 1 — 98— 1413, 1 — 00—1914, cons., citing 725 ILCS 5/122 — 1(c) (West 1998). Recognizing that our affirmation of the trial court’s summary dismissal was based solely on the untimeliness of the petition, we did not address the issue of whether defendant’s petition presented the gist of a constitutional claim. However, soon after we issued our order, the supreme court ruled that the issue of timeliness of a postconviction petition “should be left for the State to assert during the second stage of the post-conviction proceedings” and should not serve as the basis for summary dismissal by the court in the first stage. Boclair, 202 Ill. 2d at 102. As such, we vacate our order of July 26, 2002, which addressed only the issue of the petition’s untimeliness, and must now determine whether the trial court’s finding that the claims of the petition were frivolous and without merit provides an independent basis on which to affirm the dismissal.

Defendant argues that the trial court erred by dismissing his petition because it presented factual allegations that stated the gist of a valid claim of a violation of his constitutional rights. Specifically, he asserts the following grounds in support: (1) that newly discovered evidence regarding police brutality by officers involved in defendant’s case establishes a pattern of abuse which supports his claim that his confession was coerced; (2) that defendant is actually innocent because his conviction was based on coerced and inherently unreliable evidence, including witness testimony which has been recanted since trial, and that he had an alibi for his whereabouts the night of the murders; (3) that defendant’s trial counsel was ineffective for failing to move to suppress or otherwise challenge the identification testimony of several witnesses and for failing to establish at trial the pattern of coercive tactics used by the police in obtaining his statement; and (4) that the prosecution engaged in misconduct by participating in the intimidation of witnesses and the defendants and by failing to provide the defense with information that some of the officers involved in the case were under investigation for allegedly using abusive tactics. 1

The Post-Conviction Hearing Act confers upon the trial court the ability to summarily dismiss a defendant’s petition in its first stage of review if it is frivolous or without merit. 725 ILCS 5/122— 2.1(a)(2) (West 1998). A postconviction petition is considered frivolous or patently without merit if the petition’s allegations, taken as true, fail to present the gist of a meritorious constitutional claim. People v. Collins, 202 Ill. 2d 59, 66 (2002), citing People v. Gaultney, 174 Ill. 2d 410, 418 (1996). The “gist” standard is “a low threshold.” People v. Edwards, 197 Ill. 2d 239, 244 (2001). The allegations in defendant’s petition must be supported by the record or accompanying affidavits, and nonspecific and nonfactual assertions are insufficient to require an evidentiary hearing under the Act. People v. Coleman, 183 Ill. 2d 366, 381-82 (1998).

In determining whether a meritorious constitutional claim has been presented, the court may examine the court file and transcripts of the proceeding in which the petitioner was convicted and any action taken by an appellate court in such proceeding. See 725 ILCS 5/122— 2.1(c) (West 1998). The court may summarily dismiss a postconviction petition if the allegations contained therein are contradicted by the record. People v. Rogers, 197 Ill. 2d 216, 222 (2001); People v. De Avila, 333 Ill. App. 3d 321, 329 (2001); see also People v. Ramirez, 162 Ill. 2d 235, 243 (1994).

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Bluebook (online)
793 N.E.2d 189, 341 Ill. App. 3d 621, 275 Ill. Dec. 709, 2003 Ill. App. LEXIS 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-deloney-illappct-2003.