People v. Wiley, 205 Ill. 2d 212

792 N.E.2d 1274, 275 Ill. Dec. 501 (2001) · Supreme Court of Illinois · October 25, 2001 · No. No. 86557

Summary

The Supreme Court of Illinois reviews Howard Wiley's post-conviction petition following his convictions for three murders and armed robbery and his death sentence. The court holds that the petition was improperly dismissed as untimely but rejects claims concerning the sufficiency of the death-eligibility finding and ineffective assistance relating to that finding. The court reverses in part and remands for an evidentiary hearing on an ineffective-assistance claim concerning mitigation investigation and presentation.

Holdings

  1. The circuit court improperly dismissed Wiley's post-conviction action as untimely; the State's concession of untimeliness error was accepted.
  2. A post-conviction petitioner is entitled to an evidentiary hearing when the petition's well-pleaded factual allegations, supported by the trial record or affidavits and liberally construed, make a substantial showing of a constitutional violation.
  3. Wiley failed to make a substantial showing that appellate counsel was ineffective for not challenging the sufficiency of the evidence supporting his death eligibility.
  4. Wiley failed to make a substantial showing that trial counsel's failure to use two police reports prejudiced him on the issue of death eligibility.
  5. Wiley's post-conviction allegations made a substantial showing that trial counsel was ineffective for failing to investigate and present available mitigating evidence, requiring an evidentiary hearing.

Questions Presented

  1. Whether the post-conviction petition was properly dismissed as untimely.
  2. Whether appellate counsel was ineffective for failing to challenge the sufficiency of the evidence supporting Wiley's eligibility for the death penalty.
  3. Whether trial counsel was ineffective for failing to use police reports to support the claim that Wiley was not the actual killer.
  4. Whether trial counsel was ineffective at capital sentencing for failing to investigate and present available mitigating evidence.

Disposition

reversed_and_remanded

Cases Cited (37)

  • Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986)(applied in prior proceedings)
  • People v. Wiley, 156 Ill. 2d 464, 190 Ill. Dec. 736, 622 N.E.2d 766 (1993)(prior history)
  • People v. Wiley, 165 Ill. 2d 259, 209 Ill. Dec. 261, 651 N.E.2d 189 (1995)(prior history)
  • Wiley v. Illinois, 516 U.S. 923, 116 S. Ct. 322, 133 L. Ed. 2d 223 (1995)(prior history)
  • People v. Brisbon, 164 Ill. 2d 236, 242, 207 Ill. Dec. 442, 647 N.E.2d 935 (1995)(followed)
  • People v. Free, 122 Ill. 2d 367, 377, 119 Ill. Dec. 325, 522 N.E.2d 1184 (1988)(followed)
  • People v. Kokoraleis, 159 Ill. 2d 325, 328, 202 Ill. Dec. 279, 637 N.E.2d 1015 (1994)(followed)
  • People v. Ruiz, 132 Ill. 2d 1, 9, 27, 138 Ill. Dec. 201, 547 N.E.2d 170 (1989)(followed)
  • People v. Silagy, 116 Ill. 2d 357, 365, 107 Ill. Dec. 677, 507 N.E.2d 830 (1987)(followed)
  • People v. Coleman, 183 Ill. 2d 366, 381-82, 388, 233 Ill. Dec. 789, 701 N.E.2d 1063 (1998)(followed)

Showing top 10 of 37.

Cited In (0)

No citing cases on record yet.

Download CaseDownload Case DataDownload Case and DataDownload AI Instructions

Court Document

Open PDF
Loading document…

More from Illinois Supreme Court