No IN THE SUPREME COURT OF ILLINOIS ) ) ) ) ) ) ) ) ) ) Honorable Bridget Jane Hughes, Judge Presiding. Defendant-Appellant

Similar documents
No IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

MOTION FOR AN EXTENSION OF TIME TO FILE THE REPLY BRIEF AND ARGUMENT OF PLAINTIFF-APPELLANT

NO.2o1o-0498 IN THE SUPREME COURT OF OHIO APPEAL FROM THE COURT OF APPEALS FOR CUYAHOGA COUNTY, OHIO NO STATE OF OHIO. Plaintiff-Appellant

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before LUCERO, BACHARACH, and McHUGH, Circuit Judges.

STATE OF OHIO DAMAN PATTERSON

A (800) (800)

COURT OF APPEALS DELAWARE COUNTY, OHIO FIFTH APPELLATE DISTRICT

No A IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS Plaintiff-Appellee. vs. JAMES EDEN Defendant-Appellant

O.R.C. Section (F)(2). The state has opposed the motion. This entry follows. offenses ranged from June 1 through September 30, 2004.

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CP STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

Case: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )

JUDGMENT VACATED. Division I Opinion by JUDGE ROMÁN Taubman and Booras, JJ., concur. Announced December 8, 2011

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 107,786. STATE OF KANSAS, Appellee, DJUAN R. RICHARDSON, Appellant. SYLLABUS BY THE COURT

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA STATE OF MISSISSIPPI

Case: Document: 16 Filed: 04/23/2012 Pages: 6. Nos & IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Commonwealth of Kentucky Court of Appeals

100 West Randolph Street, Suite Chicago, Illinois Christopher A. Koch, Ed.D. State Superintendent of Education

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI NO CA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE APPELLEE DOES NOT REQUEST ORAL ARGUMENT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 3:11-cv WDS-PMF Document 73 Filed 07/09/13 Page 1 of 6 Page ID #688

STATE OF MICHIGAN COURT OF APPEALS

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

No IN THE SUPREME COURT OF THE UNITED STATES. ESTEBAN MARTINEZ, Petitioner, -vs- PEOPLE OF THE STATE OF ILLINOIS, Respondent.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NOTICE OF REMOVAL

COLORADO COURT OF APPEALS

United States Court of Appeals for the Sixth Circuit

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA COA STATE OF MISSISSIPPI MOTION FOR REHEARING

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

STATE OF MICHIGAN COURT OF APPEALS

Case 3:04-cr JAH Document 309 Filed 01/17/13 PageID.1104 Page 1 of 6

The Court Refuses to Honor my Notice of Appeal! What do I do now!?! 1

IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT DEFEENDANT-APPELLEE S UNOPPOSED MOTION FOR AN EXTENSION OF TIME

STATE DEFENDANTS RESPONSE TO PLAINTIFFS RESPONSES TO AMICUS BRIEF OF UNITED STATES AND FEDERAL ENERGY REGULATORY COMMISSION

* * * * * * * BELSOME, J., CONCURS FOR REASONS ASSIGNED BY JUDGE LEDET LEDET, J., CONCURS WITH REASONS COUNSEL FOR APPELLANT, STATE OF LOUISIANA

IN THE SUPREME COURT OF MISSISSIPPI NO CP STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE APPELLEE DOES NOT REQUEST ORAL ARGUMENT

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO. Petitioner-Appellant, : CASE NO. CA : O P I N I O N - vs - 4/20/2009 :

UNITED STATES COURT OF APPEALS TENTH CIRCUIT. Plaintiff - Appellee, No v. (D. Wyoming) ROBERT JOHN KUEKER, ORDER AND JUDGMENT *

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI JOHNNY LEWIS WASHINGTON NO CP COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

REPLY BRIEF OF THE APPELLANT

IN THE SUPREME COURT OF OHIO

PETITION FOR WRIT OF CERTIORARI

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

ILLINOIS. Illinois Compiled Statutes Chapter /5(h)

SENTENCING HEARING TO CONSIDER THE IMPOSITION OF A LIFE SENTENCE FOR JUVENILE OFFENDERS

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CA COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

IN COURT OF APPEALS. DECISION DATED AND FILED March 6, Appeal No. 2016AP2258-CR DISTRICT III STATE OF WISCONSIN, PLAINTIFF-RESPONDENT,

Court of Appeals of Ohio

No IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ) ) ) ) ) ) ) ) ) BRIEF AND ARGUMENT FOR DEFENDANT-APPELLANT

REPLY BRIEF OF THE APPELLANT

HABITUAL FELON ISSUES CHECKLIST. Stand in one place and say the same thing over and over. Eventually, they ll listen to you.

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. SUSAN WATERS, et al., Plaintiffs-Appellees.

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE December 13, 2017 Session

Appeal from the Judgment of Sentence August 4, 2016 In the Court of Common Pleas of Butler County Criminal Division at No(s): CP-10-CR

IN THE COURT OF APPEALS OF THE STATE OF MISsOE) PY STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE APPELLEE DOES NOT REQUEST ORAL ARGUMENT LISA L.

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CP COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO v. : T.C. NO. 09CR1012

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI STATE OF MISSISSIPPI SUPPLEMENTAL BRIEF FOR THE APPELLEE JIM HOOD, ATTORNEY GENERAL

No. 45,371-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI 2015-CA STATE OF MISSISSIPPI MOTION FOR REHEARING

NO. 45,008-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * Versus * * * * * *

TERMINATING SEX OFFENDER REGISTRATION

JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

SUPPLEMENTAL BRIEF OF THE APPELLANT

3:10-cv SEM # 38 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION

SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR HOUSE BILL NO. 2389

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

IN THE SUPREME COURT OF MISSISSIPPI No TS CURTIS RAY MCCARTY, JR. RESPONSE IN OPPOSITION TO PETITION FOR CERTIORARI

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CP COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

Court of Appeals of Ohio

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER

4)/3 4 0, 6 IN THE CIRCUIT COURT OF COOK COUNTY, COUNTY DEPARTMENT, CHANCERY DIVISION. Case No. 12 CH The Honorable Judge Sophia Hall

No. 51,840-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

IN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) ) ) ) )

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

COLORADO COURT OF APPEALS

APPENDIX F. NEW JERSEY JUDICIARY APPELLATE PRACTICE FORMS 1. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION CIVIL CASE INFORMATION STATEMENT

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI NO CA-0547 STATE OF MISSISSIPPI SUPPLEMENTAL BRIEF FOR THE APPELLEE

IN THE OHIO SUPREME COURT

IN THE SUPREME COURT OF FLORIDA NO. SC THOMAS M. OVERTON,

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CP-1013 STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

STATE OF MICHIGAN COURT OF APPEALS

Supreme Court of Florida

The State of South Carolina OFFICE OF THE ATTORNEY GENERAL

THE SUPREME COURT OF NEW HAMPSHIRE THE STATE OF NEW HAMPSHIRE DANIEL C. THOMPSON. Submitted: October 16, 2013 Opinion Issued: December 24, 2013

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI PATRICK DANTRE FLUKER BRIEF FOR THE APPELLEE APPELLEE DOES NOT REQUEST ORAL ARGUMENT

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI 2008-CP STEVEN EASON APPELLANT. On Appeal From the Circuit Court of Greene County, Mississippi

SUPREME COURT OF THE STATE OF ARIZONA

Petition for Relief Packet

NOTICE OF ELECTRONIC FILING

IN THE COURT OF APPEALS OF INDIANA

I N T H E COURT OF APPEALS OF INDIANA

In the Supreme Court of the United States

Transcription:

No. IN THE SUPREME COURT OF ILLINOIS PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, -vs- JEROME BINGHAM Appeal from the Appellate Court of Illinois, No. 1-14-3150. There on appeal from the Circuit Court of Cook County, Illinois, No. 14 CR 11336. Honorable Bridget Jane Hughes, Judge Presiding. Defendant-Appellant PETITION FOR REHEARING FOR DEFENDANT-APPELLANT JAMES E. CHADD State Appellate Defender PATRICIA MYSZA Deputy Defender DEBORAH NALL Assistant Appellate Defender Office of the State Appellate Defender First Judicial District 203 N. LaSalle St., 24th Floor Chicago, IL 60601 (312 814-5472 1stdistrict.eserve@osad.state.il.us COUNSEL FOR DEFENDANT-APPELLANT E-FILED 11/1/2018 8:45 AM Carolyn Taft Grosboll SUPREME COURT CLERK

No. IN THE SUPREME COURT OF ILLINOIS PETITION FOR REHEARING FOR DEFENDANT-APPELLANT This Court s holding that it did not have jurisdiction to review SORA s constitutionality on Jerome Bingham s direct appeal was incorrect because (1 it violates well-established principles of equal protection and substantive due process to require poor people to suffer criminal conviction in order to challenge registration requirements that more affluent people can challenge without being convicted; (2 under this Court s precedent, the consequences of a criminal conviction cannot be collateral if they qualify as legal punishment; and (3 it is contrary to the plain language of Supreme Court Rule 615(b. In dismissing Jerome Bingham s direct appeal, this Court said, The two proper ways that the kinds of constitutional issues involved in this case typically make their way to a reviewing court are (1 through a direct appeal from a case finding a defendant guilty of violating the regulation he attempts to challenge as unconstitutional, such as the sex offender registration law or (2 by filing a civil suit seeking a declaration of unconstitutionality and relief from the classification as well as the burdens of sex offender registration[.] Bingham, 2018 IL, 21. Thus, this Court held that indigent registrants may not challenge PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, -vs- JEROME BINGHAM Appeal from the Appellate Court of Illinois, No. 1-14-3150. There on appeal from the Circuit Court of Cook County, Illinois, No. 14 CR 11336. Honorable Bridget Jane Hughes, Judge Presiding. Defendant-Appellant -1- UBMITTED - 2749025 - Carol Chatman - 11/1/2018 8:45 AM

the constitutionality of the registration requirements unless they file a civil lawsuit or subject themselves to a criminal conviction. This holding is erroneous because it makes it far more difficult for indigent defendants to challenge registration requirements, thus violating the Fourteenth Amendment requirement that indigents have an adequate opportunity to present their claims fairly within the adversary system. Ross v. Moffitt, 417 U.S. 600, 612 (1974, citing Griffin v. Illinois, 351 U.S. 12, 23 (1956. As Griffin held, [b]oth equal protection and due process emphasize the central aim of our entire judicial system all people charged with crime must, so far as the law is concerned, stand on an equality before the bar of justice in every American court. Griffin, 351 U.S. at 17. Accordingly, a State cannot arbitrarily cut off appeal rights for indigents while leaving open avenues of appeal for more affluent persons. Ross, 417 U.S. at 617. This Court s decision conflicts with this well-established law because it creates a system by which indigent registrants, who do not have the means to pursue a civil suit challenging their registration requirement, may not litigate constitutional claims unless they first subject themselves to criminal prosecution and conviction. In other words, by prohibiting such litigants from challenging registration on direct appeal from the criminal conviction that triggered the registration requirement, this Court s holding effectively creates a two-tier system of justice that makes it far more difficult for indigent defendants to challenge the severe, burdensome consequences of sex offender registration. This Court should grant rehearing to reconsider this consequence of its decision. -2- UBMITTED - 2749025 - Carol Chatman - 11/1/2018 8:45 AM

This Court should also grant rehearing because one of the central questions at issue in Jerome Bingham s direct appeal was whether Illinois sex offender registration and notification scheme has evolved from a valid regulatory scheme into punishment under Mendoza-Martinez s intent-effects test. This question far transcends Bingham s individual claims. Yet this Court held that it lacked jurisdiction to consider the question on direct appeal after stating that sex offender registration is a collateral consequence of Bingham s theft conviction, not part of his sentence. Bingham, 2018 IL, 10, n. 1, 18. This point requires rehearing for two reasons. First, the question of whether sex offender registration is punishment is one of substantial public nature that has been raised in numerous Illinois cases and is likely to recur. 1 Second, this Court has explained that a direct consequence of a guilty plea is one which has a definite, immediate and largely automatic effect on the range of a defendant s sentence. People v. Hughes, 2012 IL 112817, 35. By contrast, [a] collateral consequence is one which the circuit court has no authority to impose and results from an action that may or may not be taken by an agency that the trial court does not control. Hughes, 2012 IL 112817, 36. This Court further held that collateral consequences differ from direct consequences because 1 This list is not comprehensive, but instead offers a sample of recent decisions that reflect disagreement within the Appellate Court: People v. Tetter, 2018 IL App (3d 150243, leave to appeal pending; People v. Kochevar, 2018 IL App (3d 140660; People v. Cetwinski, 2018 IL App (3d 160174, 54; People v. Owens, 2018 IL App (4th 170506, 16; People v. Begay, 2018 IL App (1st 150446, 59, leave to appeal pending. -3-

the former lack the definite, immediate or automatic effect on the sentence imposed. Id. In People v. Cowart, the defendant relied on Hughes to argue that the trial court was required to admonish him of the requirement that he register as a sex offender. 2015 IL App (1st 131073, 18, leave to appeal denied, 2015 IL App (1st 131073. The Appellate Court acknowledged that [t]he requirement to register as a sex offender is definite and automatic. Cowart, 2015 IL App (1st 131073, 18. These characteristics suggest that the registration requirement is a direct consequence under Hughes. However, relying on People v. Malchow, 193 Ill. 2d 413, 424 (2000, the Appellate Court instead determined that the registration requirement is a collateral consequence because it does not affect the defendant s punishment. Cowart, 2015 IL App (1st 131073, 18. The idea that sex offender registration is a collateral consequence that may equate with legal punishment is in direct conflict with Cowart, Hughes, and Malchow because these cases stand for the proposition that the consequences of a criminal conviction cannot be collateral if they affect the defendant s punishment. Rehearing should be granted to reconcile the conflict. See People v. Denson, 2014 IL 116231, 20-21 (observing that the Court has an obligation to explain and reconcile inconsistent precedent. Finally, this Court should grant rehearing because its holding that a reviewing court has no power on direct appeal of a criminal conviction to order that a defendant be relieved of the obligation to register as a sex offender is contrary to the plain language of Supreme Court Rule 615(b. Rule 615(b permits reviewing courts -4-

to modify any or all of the proceedings... dependent upon the judgment or order from which the appeal is taken or reduce the punishment imposed by the trial court[.] Sup. Ct. R. 615(b. This Court held that the issues raised in this case did not come within the ambit of Rule 615(b and therefore both the Appellate Court and itself lacked power to consider Bingham s claims. According to this Court s decision, the registration requirement cannot be fairly characterized as a proceeding. Bingham, 2018 IL, 17. Although Rule 615(b does not define the word proceeding, this Court has said that [i]t is appropriate to employ a dictionary to ascertain the meaning of an otherwise undefined word or phrase. Khan v. Deutsche Bank AG, 2012 IL 112219, 76. The dictionary definition of the word proceeding most relevant to this case is: The business conducted by a court or other official body; a hearing. Black s Law Dictionary (10th ed. 2014. Contrary to this Court s decision, the requirements of Illinois sex offender registration and notification scheme qualify as business conducted by an official body because the scheme is managed by the Illinois State Police. This Court s decision is therefore contrary to the plain language of Supreme Court Rule 615(b. Moreover, Rule 615(b provides that the reviewing court may set aside, affirm, or modify any or all of the proceedings subsequent to or dependent upon the judgment or order from which the appeal is taken. Sup. Ct. R. 615(b. There is no question that Bingham s obligation to register as a sex offender is dependent on his theft conviction. This Court should grant rehearing because its decision -5-

is contrary to the plain language of Rule 615(b and will lead to confusion in an area that was previously clear. CONCLUSION For the foregoing reasons, Jerome Bingham, defendant-appellant, respectfully requests that this Court grant rehearing. Respectfully submitted, PATRICIA MYSZA Deputy Defender DEBORAH NALL Assistant Appellate Defender Office of the State Appellate Defender First Judicial District 203 N. LaSalle St., 24th Floor Chicago, IL 60601 (312 814-5472 1stdistrict.eserve@osad.state.il.us COUNSEL FOR DEFENDANT-APPELLANT -6- UBMITTED - 2749025 - Carol Chatman - 11/1/2018 8:45 AM

CERTIFICATE OF COMPLIANCE I, Deborah Nall, certify that this petition for rehearing conforms to the requirements of Supreme Court Rule 341(a and 367(a and (c. The length of this petition, excluding pages containing the Rule 341(d cover and the Rule 367(a certificate of compliance is 6 pages. /s/deborah Nall DEBORAH NALL Assistant Appellate Defender

No. IN THE SUPREME COURT OF ILLINOIS PEOPLE OF THE STATE OF ILLINOIS, -vs- Plaintiff-Appellee, JEROME BINGHAM Appeal from the Appellate Court of Illinois, No. 1-14-3150. There on appeal from the Circuit Court of Cook County, Illinois, No. 14 CR 11336. Honorable Bridget Jane Hughes, Judge Presiding. Defendant-Appellant NOTICE AND PROOF OF SERVICE Lisa Madigan, Attorney General, 100 W. Randolph St., Chicago, IL 60601, eserve.criminalappeals@atg.state.il.us; Eric Levin, Attorney General s Office, 100 W. Randolph St., 12th Floor, Chicago, IL 60601, eserve.criminalappeals@atg.state.il.us; Mr. Jerome Bingham, 2054 N Nagle, Chicago, IL 60707 Michael Anthony Scodro, Mayer Brown LLP, 71 S. Wacker Dr., Chicago, IL 60606, mscodro@mayerbrown.com; Adele D. Nicholas; Law Office of Adele D. Nicholas; 5707 W. Goodman Street; Chicago, IL 60630; adele@civilrightschicago.com; Mark G. Weinberg; Law Office of Mark G. Weinberg; 3612 N. Tripp Ave., Chicago, IL 60641, mweinberg@sbcglobal.net; Alan J. Spellberg, Cook County State s Attorney s Office; Richard J. Daley Center, 3rd Floor; Chicago, Illinois 60602; eserve.criminalappeals@cookcountyil.gov Under penalties as provided by law pursuant to 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct. On November 1, 2018, the Petition for Rehearing was filed with the Clerk of the Supreme Court of Illinois using the court s electronic filing system in the above-entitled cause. Upon acceptance of the filing from this Court, persons named above with identified email addresses will be served using the court's electronic filing system and one copy is being mailed to the defendant-appellant in an envelope deposited in a U.S. mail box in Chicago, Illinois, with proper postage prepaid. Additionally, upon its acceptance by the court's electronic filing system, the undersigned will send 13 copies of the Petition for Rehearing to the Clerk of the above Court. /s/carol Chatman E-FILED 11/1/2018 8:45 AM Carolyn Taft Grosboll SUPREME COURT CLERK UBMITTED - 2749025 - Carol Chatman - 11/1/2018 8:45 AM LEGAL SECRETARY Office of the State Appellate Defender 203 N. LaSalle St., 24th Floor Chicago, IL 60601 (312 814-5472 Service via email is accepted at: 1stdistrict.eserve@osad.state.il.us