People v. Williams, No. 61071

CourtSupreme Court of Illinois
Writing for the CourtMILLER; SIMON
Citation109 Ill.2d 391,94 Ill.Dec. 429,488 N.E.2d 255
Parties, 94 Ill.Dec. 429 The PEOPLE of the State of Illinois, Appellee, v. Hernando WILLIAMS, Appellant.
Docket NumberNo. 61071
Decision Date21 November 1985

Page 255

488 N.E.2d 255
109 Ill.2d 391, 94 Ill.Dec. 429
The PEOPLE of the State of Illinois, Appellee,
v.
Hernando WILLIAMS, Appellant.
No. 61071.
Supreme Court of Illinois.
Nov. 21, 1985.
Rehearing Denied Feb. 4, 1986.

[109 Ill.2d 392] Sheldon Nagelberg, Chicago, for petitioner-appellant.

Neil F. Hartigan, Atty. Gen., Chicago, for respondent-appellee; Richard M. Daley, State's Atty., Cook County, Chicago, Joan S. Cherry, Kevin Sweeney, Asst. State's Attys., of counsel.

MILLER, Justice:

The petitioner, Hernando Williams, appeals from an order of the circuit court of Cook County dismissing his request for post-conviction relief. The petitioner originally pleaded guilty to charges of murder, armed robbery, aggravated kidnaping, and rape and, on the murder conviction, was sentenced by a jury to death; various terms of imprisonment were imposed for the other convictions. This court affirmed the judgment on direct appeal (People v.

Page 256

[94 Ill.Dec. 430] Williams (1983), 97 Ill.2d 252, 73 Ill.Dec. 360, 454 N.E.2d 220), and the [109 Ill.2d 393] United States Supreme Court denied certiorari (Williams v. Illinois (1984), 466 U.S. 981, 104 S.Ct. 2364, 80 L.Ed.2d 836. The petitioner then filed, in the circuit court, a petition for post-conviction relief. Following the dismissal of the petition, the State's motion for a direct appeal to this court was allowed (94 Ill.2d R. 302(b) ), and we now affirm the judgment of the circuit court.

The petitioner filed his post-conviction petition on September 10, 1984, raising as grounds for relief questions concerning his guilty plea and the manner in which the sentencing jury was selected. On October 10, 1984, the circuit judge found that the petition was patently without merit and, pursuant to statute, dismissed it without a hearing. (See Ill.Rev.Stat., 1984 Supp., ch. 38, par. 122-2.1.) The court's written order explained that the petition did not raise any new issues, that consideration of the issues presented would be precluded by the doctrine of res judicata, and that the petitioner's constitutional rights had not been denied.

On appeal here the petitioner argues that the State's use of its peremptory challenges unconstitutionally excluded blacks from serving on the jury that sentenced him to death; the petitioner is black. The same argument was rejected in the petitioner's original appeal. In an extensive discussion of the question, this court held that the manner in which the prosecution exercised its peremptory challenges was not shown here to have violated the petitioner's right to equal protection under the fourteenth amendment (U.S. Const., amend. XIV; see Swain v. Alabama (1965), 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759) or his distinct right, derived from the sixth amendment, to a jury selected from a fair cross-section of the community (U.S. Const., amend. VI; see Taylor v. Louisiana (1975), 419 U.S. 522, 95 S.Ct. 692, 42 L.Ed.2d 690). (People v. Williams (1983), 97 Ill.2d [109 Ill.2d 394] 252, 273-80, 73 Ill.Dec. 360, 454 N.E.2d 220.) It has been held that res judicata precludes consideration in a post-conviction proceeding of an issue that was determined in the original appeal. (People v. Gaines (1984), 105 Ill.2d 79, 87-88, 85 Ill.Dec. 269, 473 N.E.2d 868.) Ordinarily, then, that result would obtain here.

The petitioner notes that in Gaines, where a similar argument was raised regarding jury selection, the court examined the strength of the evidence on the...

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5 practice notes
  • Williams v. Chrans, No. 87 C 02084.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • July 5, 1990
    ...122-1, et seq. (1983). The trial court denied the petition without a hearing and the Illinois Supreme Court affirmed. People v. Williams, 109 Ill.2d 391, 94 Ill.Dec. 429 488 N.E.2d 255 (1985), cert. denied, 478 U.S. 1022, 106 742 F. Supp. 478 S.Ct. 3340, 92 L.Ed.2d 744 (1986). Having exhaus......
  • Williams v. Chrans, No. 90-2707
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • October 1, 1991
    ...Court of Cook County. 5 The trial court denied the petition without a hearing. The Illinois Supreme Court affirmed. People v. Williams, 109 Ill.2d 391, 94 Ill.Dec. 429, 488 N.E.2d 255 (1985), cert. denied, 478 U.S. 1022, 106 S.Ct. 3340, 92 L.Ed.2d 744 (1986). Mr. Williams then filed a petit......
  • People v. Johnson, No. 85-0631
    • United States
    • United States Appellate Court of Illinois
    • September 29, 1986
    ...our research reveals the following additional cases decided since Justice Simon filed the Lovelady dissent: People v. Williams (1985), 109 Ill.2d 391, 94 Ill.Dec. 429, 488 N.E.2d 255; People v. Lyles (1985), 106 Ill.2d 373, 87 Ill.Dec. 934, 478 N.E.2d 291; People v. Brisbon (1985), 106 Ill.......
  • People v. Johnson, No. 85-631.
    • United States
    • United States Appellate Court of Illinois
    • September 29, 1986
    ...our research reveals the following additional cases decided since Justice Simon filed the Lovelady dissent: People v. Williams (1985), 109 Ill.2d 391, 488 N.E.2d 255; People v. Lyles (1985) 106 Ill.2d 373, 478 N.E.2d 291; People v. Brisbon (1985), 106 Ill.2d 342, 478 N.E.2d 402; People v. M......
  • Request a trial to view additional results
5 cases
  • Williams v. Chrans, No. 87 C 02084.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • July 5, 1990
    ...122-1, et seq. (1983). The trial court denied the petition without a hearing and the Illinois Supreme Court affirmed. People v. Williams, 109 Ill.2d 391, 94 Ill.Dec. 429 488 N.E.2d 255 (1985), cert. denied, 478 U.S. 1022, 106 742 F. Supp. 478 S.Ct. 3340, 92 L.Ed.2d 744 (1986). Having exhaus......
  • Williams v. Chrans, No. 90-2707
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • October 1, 1991
    ...Court of Cook County. 5 The trial court denied the petition without a hearing. The Illinois Supreme Court affirmed. People v. Williams, 109 Ill.2d 391, 94 Ill.Dec. 429, 488 N.E.2d 255 (1985), cert. denied, 478 U.S. 1022, 106 S.Ct. 3340, 92 L.Ed.2d 744 (1986). Mr. Williams then filed a petit......
  • People v. Johnson, No. 85-0631
    • United States
    • United States Appellate Court of Illinois
    • September 29, 1986
    ...our research reveals the following additional cases decided since Justice Simon filed the Lovelady dissent: People v. Williams (1985), 109 Ill.2d 391, 94 Ill.Dec. 429, 488 N.E.2d 255; People v. Lyles (1985), 106 Ill.2d 373, 87 Ill.Dec. 934, 478 N.E.2d 291; People v. Brisbon (1985), 106 Ill.......
  • People v. Johnson, No. 85-631.
    • United States
    • United States Appellate Court of Illinois
    • September 29, 1986
    ...our research reveals the following additional cases decided since Justice Simon filed the Lovelady dissent: People v. Williams (1985), 109 Ill.2d 391, 488 N.E.2d 255; People v. Lyles (1985) 106 Ill.2d 373, 478 N.E.2d 291; People v. Brisbon (1985), 106 Ill.2d 342, 478 N.E.2d 402; People v. M......
  • Request a trial to view additional results

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