Summary
This appellate court opinion reviews a trial court's grant of post-conviction relief and order for a new sentencing hearing for defendant Demitri Green-Hosey, who received a 105-year sentence at age 18 for first-degree murder and armed robbery. The lower court found that developmental psychology evidence demonstrated Green-Hosey's youth and adverse childhood experiences warranted Miller protections, rendering his original sentence non-compliant with the Illinois Constitution's proportionate penalties clause. The Appellate Court of Illinois, Second District, affirms the trial court's decision.
Topics
Practice areas
Questions Presented
- Whether the original sentencing hearing was Miller‑compliant under the Illinois Constitution’s proportionate penalties clause.
- Whether the 105‑year sentence violates the Illinois Constitution’s proportionate penalties clause as applied to Green‑Hosey.
- Whether the appellate court erred in granting a new sentencing hearing.
Holdings
- The court held that the sentencing hearing was not Miller‑compliant because the trial court failed to consider the defendant’s youth‑related characteristics and rehabilitative potential as required by Miller.
- The court affirmed that the sentence violates the Illinois Constitution’s proportionate penalties clause as applied, requiring a new sentencing hearing.
Key quotations
“I am not saying that this is the case, but I believe it is time for the legislature to take a look at the sentencing and allow the courts to attempt to formulate a sentence on a case‑by‑case basis and not handcuff the courts by requiring mandatory sentences that basically do give a de‑facto life sentence.” (¶12)
“to a reasonable degree of psychologic certainty, defendant’s experience of adversity and trauma left him at high risk of delinquent and violent behavior, and at age 18, his executive functioning was not fully developed and he had difficulty managing emotions, such that his characteristics as a juvenile should have been considered at sentencing.” (¶52)
Factual background
In August 2016, 18‑year‑old Demitri Green‑Hosey and his 20‑year‑old brother Jaquan arranged to purchase marijuana, met the victim Ari Williams at a restaurant, and Green‑Hosey shot and killed Williams. The brothers fled, were arrested the next day, and Green‑Hosey was convicted of first‑degree murder and armed robbery. At sentencing, the court considered statutory mitigating factors, noted his minimal prior delinquency, and imposed mandatory firearm enhancements, resulting in a 105‑year sentence.
Procedural history
The trial court sentenced Green-Hosey to a total of 105 years for first‑degree murder and armed robbery. The defendant sought post‑conviction relief under the Post‑Conviction Hearing Act, filing a third‑stage petition alleging that the sentencing hearing was not Miller‑compliant and that the sentence violated the Illinois Constitution’s proportionate penalties clause. The appellate court reviewed the petition and the lower court’s sentencing decision.
Remand instructions
Order a new sentencing hearing consistent with Miller requirements.