People v. Morgan

817 N.E.2d 524, 212 Ill. 2d 148, 288 Ill. Dec. 166, 2004 Ill. LEXIS 1021
CourtIllinois Supreme Court
DecidedSeptember 23, 2004
Docket92843
StatusPublished
Cited by247 cases

This text of 817 N.E.2d 524 (People v. Morgan) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Morgan, 817 N.E.2d 524, 212 Ill. 2d 148, 288 Ill. Dec. 166, 2004 Ill. LEXIS 1021 (Ill. 2004).

Opinion

JUSTICE RARICK

delivered the opinion of the court: This matter is before the court on appeal from a judgment of the circuit court of Cook County denying a successive petition for postconviction relief filed by defendant, Samuel Morgan, based on newly discovered evidence. Defendant argued that the new evidence, particularly the recanted testimony of an eyewitness, established that he was actually innocent of the crimes for which he had been convicted. The circuit court denied defendant’s claim after conducting an evidentiary hearing. We now affirm.

The legal proceedings underlying this case began in 1983, when a jury convicted defendant of murdering William Motley and Kenneth Merkson and of raping and the aggravated kidnapping of Phyllis Gregson. Defendant received a death sentence for the murders and prison terms for the remaining convictions. On direct appeal, we affirmed all of defendant’s convictions and his sentence of death, but reduced his sentences for aggravated kidnapping and rape. People v. Morgan, 112 Ill. 2d 111 (1986), cert. denied, 479 U.S. 1101, 94 L. Ed. 2d 180, 107 S. Ct. 1329 (1987).

Defendant subsequently filed a petition under the Post-Conviction Hearing Act (725 ILCS 5/122 — 1 et seq. (West 1994)) challenging his convictions and death sentence. The circuit court denied that petition following an evidentiary hearing. On review of the circuit court’s judgment, we affirmed defendant’s convictions, but held that errors by defense counsel during the aggravation-mitigation phase of the sentencing proceedings raised a serious doubt as to the propriety of defendant’s death sentence. We therefore vacated the death sentence and remanded the cause to the circuit court for a new sentencing hearing. People v. Morgan, 187 Ill. 2d 500 (1999).

While the matter was pending on remand to the circuit court, defendant brought an additional challenge to his convictions and sentences. As grounds for that challenge, defendant asserted that newly discovered evidence demonstrated that he was actually innocent of the crimes for which he had been convicted in 1983. Defendant sought relief under both the Post-Conviction Hearing Act and section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2 — 1401 (West 2000)). The gravamen of his new claim, which is the one before us today, was that Elijah Prater, one of the two principal witnesses at the 1983 trial and the only eyewitness other than defendant still alive, had recanted his testimony. According to an affidavit executed by Prater, one of the two victims had actually been killed by the other, not by defendant, and although defendant had killed the second victim, he had done so out of self-defense.

Following an evidentiary hearing, the circuit court denied defendant’s request for relief. Uncertain as to the proper forum in which to obtain review of the circuit court’s judgment, defendant filed notices of appeal with both our court and the appellate court. On the State’s motion, and without objection by defendant, our court entered an order pursuant to Rule 302(b) (134 Ill. 2d R. 302(b)) specifying that the appeal was to be taken directly to us.

While the appeal was pending, the Governor commuted defendant’s death sentence. Under the terms of the commutation, defendant’s sentence was “Commuted to a Sentence Other Than Death for the Crime of Murder, So that the Maximum Sentence that may be imposed is Natural Life Imprisonment Without the Possibility of Parole or Mandatory Supervised Relief.” The State challenged the validity of this and other commutations, but its challenge was unsuccessful. People ex rel. Madigan v. Snyder, 208 Ill. 2d 457 (2004). On the court’s own motion, and in the interest of judicial economy, we elected to retain jurisdiction of the case. Briefing was concluded and oral argument was held. The matter is now before us for a decision on the merits.

How we undertake our review is defined by the procedural posture in which the case has come before us. As our summary of the proceedings has indicated, this is not a direct appeal. It is an appeal from a judgment denying relief under the Post-Conviction Hearing Act. To be entitled to relief under the Act, a defendant must demonstrate a substantial deprivation of federal or state constitutional rights in the proceedings that produced the conviction or sentence being challenged. Not every constitutional violation can be challenged, however. Res judicata and the waiver doctrine limit postconviction relief to constitutional matters which have not been and could not have been adjudicated earlier. People v. Jones, 211 Ill. 2d 140, 143-44 (2004), quoting People v. McNeal, 194 Ill. 2d 135, 140 (2000).

Consistent with these principles, the Post-Conviction Hearing Act contemplates the filing of only one postconviction petition. People v. Lee, 207 Ill. 2d 1, 5 (2003). Under the express terms of the statute, “[a]ny claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived.” 725 ILCS 5/122 — 3 (West 2000). This rule would normally be fatal to a successive postconviction petition such as the one before us today. Our court has held, however, that the statutory bar to a successive postconviction petition will be relaxed when fundamental fairness so requires. People v. Lee, 207 Ill. 2d at 5. It is this exception on which the viability of defendant’s new petition depends.

To establish that fundamental fairness requires that a successive postconviction petition be considered on the merits, a defendant must show both cause and prejudice with respect to each claim presented. More precisely, the defendant must show good cause for failing to raise the claimed error in a prior proceeding and that actual prejudice resulted from the error. People v. Lee, 207 Ill. 2d at 5. For purposes of this test, “cause” has been defined as an objective factor external to the defense that impeded counsel’s efforts to raise the claim in an earlier proceeding. People v. Pitsonbarger, 205 Ill. 2d 444, 460 (2002). “Prejudice” exists where the defendant can show that the claimed constitutional error so infected his trial that the resulting conviction violated due process. People v. Tenner, 206 Ill. 2d 381, 393 (2002).

Acknowledging “the seriousness of an actual innocence claim in a potentially capital case,” the State did not dispute that defendant met the cause and prejudice test and that fundamental fairness justified an evidentiary hearing on defendant’s successive postconviction petition. The State’s position in the circuit court and now on appeal is that defendant simply failed to substantiate his claims. After careful review of the record and the applicable law, we agree.

The conviction of an innocent person violates the due process clause of the Illinois Constitution. Our court has therefore recognized the right of postconviction petitioners to assert a claim of actual innocence based on newly discovered evidence. People v. Washington, 171 Ill. 2d 475, 489 (1996). To win relief under that theory, the evidence adduced by the defendant must first be “newly discovered.” That means it must be evidence that was not available at defendant’s original trial and that the defendant could not have discovered sooner through diligence.

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Cite This Page — Counsel Stack

Bluebook (online)
817 N.E.2d 524, 212 Ill. 2d 148, 288 Ill. Dec. 166, 2004 Ill. LEXIS 1021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morgan-ill-2004.