Illinois Supreme Court

People v. Lusby

October 22, 2020450 Ill. Dec. 751

Summary

The court held that Lusby failed to establish prejudice sufficient to obtain leave to file a successive postconviction petition because his discretionary 130-year sentence for offenses committed at age 16 complied with the constitutional requirement that the sentencing court consider youth and its attendant characteristics. The court therefore reversed the appellate court and affirmed the circuit court's denial of leave. The court also reached the merits rather than remanding for further proceedings concerning the State's improper participation at the cause-and-prejudice stage.