No. 21-5001

Ronald D. Smith v. Illinois

Lower Court: Illinois
Docketed: 2021-07-02
Status: Denied
Type: IFP
IFP
Tags: constitutional-proportionality criminal-law criminal-sentencing due-process firearm-enhancement firearms illinois-constitution legislative-revival sentencing statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the legislature revived the firearm enhancement in ~ section 720 ILCS 5/8-4 (B-D) (West 2000)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Whether the legislature revived the firearm enhancement in ~ section 720 ILCS 5/8-4 (B-D) (West 2000) amended by Public Act 91-404 that was declared unconstitutional in its entirety to be available to prosecutors? The issue that was presented to the ' appellate court is rather Public Act 96-710 revived the firearm enhancement.Morgan, 2003 272 I11. Dec. 160, 203 Ill. 2d 470, 786 N.E. 2d 994. states as followed, Enhanced penalties for attempted first degree murder with a handgun as a class x felony, with mandatory addition of 15, 20, or 25years to life toa: sentence-were held unconstitutionally disproportionate under Illinois Constitution Art. 1, subsection 11>by: Peoptevi-Morgan, 2003, 272 Ill. Dec. 160, 203 Ill. 2d 470, 786 N.E. 2d 994, because a defendant can receive a harsher sentence if the victim survives than if the victim dies. But, see People v Sharp, 216 Ill. 2d 481 (2005). See (Exhibit 2). Petitioner argue that the legislature has not remedied the constitutional infirmity to revive the firearm constitue a denial of said petitioner's constitutional rights to due process of the law. 5 . No. IN THE SUPREME COURT OF THE UNITED STATES TERM, 2021 RONALD D. SMITH-PETITIONER vs. PEOPLE OF THE STATE OF ILLINOIS ; et al, RESPONDENT INTRODUCTION TO THE CHIEF JUSTICE OF THE UNITED STATES : AND TO THE ASSOCIATE JUSTICES OF THE SUPREME COURT ah 4 . OF THE UNITED STATES: MAY IT PLEASE THE COURT: RONALD D. SMITH, RESPECTFULLY PRAYS THAT A WRIT OF CERTIORARI ISSUE TO REVIEW THE DECISION OF THE ILLINOIS APPELLATE COURT, . SECOND JUDICIAL DISTRICT. 2

Docket Entries

2021-10-04
Petition DENIED.
2021-08-12
DISTRIBUTED for Conference of 9/27/2021.
2021-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2021)

Attorneys

Ronald D. Smith
Ronald D. Smith — Petitioner