People v. Stoecker
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In 1998, a jury convicted Stoecker of first-degree murder and aggravated criminal sexual assault of a 15-year-old girl. His convictions and sentences were affirmed. Stoecker filed numerous unsuccessful petitions for collateral relief. In 2005 Stoecker filed a petition for relief from judgment, arguing that the procedures in imposing his life sentence for murder violated the Supreme Court’s 2000 “Apprendi” holding that, other than the fact of a prior conviction, any fact that increases the penalty beyond the statutory maximum sentence must be submitted to a jury and proved beyond a reasonable doubt. Appointed defense counsel acknowledged that the Illinois Supreme Court had held that Apprendi did not apply retroactively to cases whose direct appeals had been exhausted. The petition was dismissed. Although Stoecker filed subsequent petitions claiming ineffective assistance of counsel, he did not appeal the Apprendi ruling.
Seven years later, Stoecker again sought relief from judgment, raising the Apprendi issue. The appellate court affirmed the dismissal of the petition as untimely. Four years later, Stoecker again sought relief from judgment, arguing that under recent Supreme Court decisions, Apprendi applies retroactively to cases on collateral review. The state moved to dismiss the petition. Four days later, the circuit court dismissed the petition. The state was present but made no argument. Appointed counsel was apparently not notified of the proceeding. The court ruled that the state was correct as a matter of law. Stoecker filed an unsuccessful pro se motion to reconsider.
The Illinois Supreme Court affirmed. Any violation of Stoecker’s due process rights was harmless because the deficiencies in the petition could not be cured. The petition was untimely, barred by res judicata, and meritless. Any deficient performance by appointed counsel did not warrant remand.
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