No. 22-6901

Brandon L. Johnson v. Illinois

Lower Court: Illinois
Docketed: 2023-03-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment illinois-constitution ineffective-assistance ineffective-assistance-of-counsel jury-instructions knowingly-standard seventh-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-03-24
Question Presented (AI Summary)

Whether the State violated the Due Process clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the State violated the Due Process clause where it induced jurors with an incorrect legal definition of "knowingly", in such a way that relieved the State of its requirement to prove every element of the offense beyond a reasonable doubt, thus violating petitioner's Fifth, Seventh, and Fourteenth Amendment rights to the United States Constitution, and Article 1, §2, §13, and §24 of the Illinois Constitution of 1970. 2. Whether trial court allowed the State to argue an incorrect legal definition of "knowingly" in closing argument. 3. Whether trial court manifestly abused its discretion where it denied trial counsel's proposed jury instruction for "knowingly" (IPIC No. 5.01B), thus violating petitioner's Fifth, Seventh, and Fourteenth Amendment rights to the United States Constitution, and Article i, §2, §13, and §24 of the Illinois Constitution of 1970. 4. Whether trial counsel's incompetence and unprofessional errors so upset the adversarial balance between defense and prosecution that the trial was rendered unfair, and the verdict rendered unfair, thus violating petitioner's Sixth and Fourteenth Amendment rights to the United States Constitution, and Article 1, §2, §8, §13, and §24 of the Illinois Constitution of 1970. 5. Whether trial court deprived petitioner of his constitutional rights where it sentenced petitioner to 29 years in prison after having had a pretrial conference with petitioner and trial counsel, during which trialcourt | sanctioned a 12 year plea agreement on the condition that petitioner accept an Alford plea. 6. Whether trial court should have recused itself from postconviction proceedings, as it was a material witness to petitioner's allegations. . 7. Whether the State violated Due Process clause with improper remarks made during opening and closing arguments. 8. Whether appellate counsel denied petitioner the effective assistance of counsel where it failed to make a : conscientious examination of the record to raise ineffective assistance claim on direct review, and failed to perfect a brief and argue meritorious grounds for reversal of petitioner’s conviction and modification of his sentence, thus violating petitioner's Sixth and Fourteenth Amendment rights to the United States Constitution, and Article 1, §2, §8, and §24 of the Illinois Constitution of 1970.

Docket Entries

2023-03-27
Petition DENIED.
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2023-03-07
Waiver of right of respondent Illinois to respond filed.
2023-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 31, 2023)

Attorneys

Brandon Johnson
Brandon L. Johnson — Petitioner
Brandon L. Johnson — Petitioner
Illinois
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent