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[[COURTLISTENER_SUBOPINION {"id":"11204968","type":"010combined","part":"opinion","author":null,"source_field":"html_with_citations"}]]
2025 IL App (1st) 230035-U
No. 1-23-0035
First Division
November 17, 2025
NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the
limited circumstances allowed under Rule 23(e)(1).
____________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
____________________________________________________________________________
) Appeal from the
THE PEOPLE OF THE STATE OF ) Circuit Court of
ILLINOIS, ) Cook County.
)
Plaintiff-Appellant, ) No. 17 CR 11231
v. )
)
JAYTON DORSEY, ) Honorable
) Timothy J. Joyce
Defendant-Appellee. ) Judge, Presiding.
____________________________________________________________________________
JUSTICE COBBS delivered the judgment of the court.
Presiding Justice Fitzgerald Smith and Justice Lavin concurred in the judgment.
ORDER
¶1 Held: Defendantâs conviction and sentence for first-degree murder is affirmed. The trial
court did not err by acting impartially, admitting firearm identification evidence
without a Frye hearing, or denying defendantâs request for a continuance.
Additionally, the State did not make improper comments during cross-examination
or closing argument, and defendantâs sentence did not violate the proportionate
penalties clause of the Illinois Constitution.
¶2 Following separate but simultaneous jury trials, defendant Jayton Dorsey and his cousin,
codefendant Timothy Gordon, were each convicted on three counts of first-degree murder and
No. 1-23-0035
sentenced to mandatory terms of life in prison. 1 Defendant now appeals, arguing that (1) the trial
court erred in denying his motion for a Frye hearing on firearm identification evidence, (2) the
trial court acted as an impartial advocate for the State, (3) the State made several improper remarks
during cross-examination and closing argument, (4) the trial court erred in denying his posttrial
request for a continuance, and (5) his life sentence violates the proportionate penalties clause of
the Illinois Constitution as applied to him. For the following reasons, we affirm.
¶3 I. BACKGROUND
¶4 The charges in this case arose from the June 30, 2017, shooting deaths of Javon Jackson,
Sedrick Ringer, and John Hunter. The evidence showed that the victims were killed by a barrage
of gunfire while standing outside a building in the 5700 block of South Wells Street in Chicago.
¶5 A. Motion to Exclude Firearm Identification Evidence
¶6 Prior to trial, defendant filed an extensive, 75-page motion in limine seeking to exclude the
testimony of forensic firearms examiner Jennifer Sher. The motion cited reports from various
scientific bodies casting doubt on the efficacy of firearm identification, the practice of
microscopically examining fired ammunition to determine whether it was fired from a particular
gun. Defendant also asserted that firearm examiners were prone to false positives for a variety of
reasons such as cognitive bias. For these reasons, defendant argued that firearm identification
âcannot be said to enjoy wide-spread scientific acceptance, nor to possess reliability sufficient to
overcome the prejudicial and overblown statements of its practitioners.â Although defendant
acknowledged that Illinois courts have long admitted firearm identification evidence, he contended
that the field could no longer withstand scrutiny in light of the recent evidence cited in his motion.
1
This court affirmed Gordonâs convictions and sentence in a separate appeal. People v. Gordon,
2025 IL App (1st) 230037-U
. He is not a party to this appeal.
-2-
No. 1-23-0035
Defendant therefore requested that the trial court either exclude any testimony regarding firearm
identification or conduct a pretrial hearing pursuant to Frye v. United States,
293 F. 1013
(D.C.
Cir. 1923), to assess the general acceptance and reliability of the firearms evidence.
¶7 In response, the State argued that a Frye hearing was unnecessary because the
methodologies in question were not new or novel and have been routinely admitted by Illinois
courts. The State also cited People v. Robinson,
2013 IL App (1st) 102476, ¶ 91
, where this court
considered many of the criticisms raised in defendantâs motion and concluded that the trial court
in that case did not err in admitting expert testimony on firearm identification without first holding
a Frye hearing.
¶8 After hearing arguments from the parties, the trial court denied defendantâs motion. The
court stated the firearms evidence would be admitted without a Frye hearing because the
examinations were âof a type that is generally accepted in the field to which it belongs.â
¶9 B. Jury Trial
¶ 10 At trial, Michael Graves testified that he heard the gunshots from his home on South Wells
just before 9 p.m. on June 30, 2017. As he approached the window to check on the noise, Graves
noticed âa couple of muzzle flashesâ and âmaybe two peopleâ shooting firearms. However, the
shooters quickly fled and Graves did not see their faces. Graves was able to describe the shooters
only as âAfrican-American males.â
¶ 11 Detective Mark Campbell testified that he and his partner, Officer Krista Hinton, were on
patrol near South Wells at the time of the shooting. When they heard the gunshots, the officers
immediately activated their emergency equipment and drove toward the source of the noise. As
they approached South Wells, Detective Campbell saw âtwo or three malesâ firing guns at a
residence from the sidewalk.
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No. 1-23-0035
¶ 12 The shooters then ran south toward 58th Street, which was the next block over. As the
officers pursued in their vehicle, they noticed a white Pontiac parked on 58th Street. Detective
Campbell testified that two men inside the Pontiac âlooked likeâ the people he had just seen
shooting firearms.
¶ 13 The Pontiac then drove off and entered the Dan Ryan Expressway âat a high rate of speed.â
The officers followed the Pontiac down the expressway as it âweav[ed] in different lanesâ to avoid
slower traffic. Eventually, the Pontiac spun out of control and crashed onto a grassy hill on the
side of the expressway. As Detective Campbell exited his vehicle and approached the crash site,
he saw two people from the Pontiac run up the hill and climb a barbed wire fence surrounding an
IDOT parking lot.
¶ 14 Detective Campbell and Officer Hinton secured the area around the crashed Pontiac and
waited for backup to arrive. During that time, Detective Campbell observed a handgun in plain
view in the backseat of the Pontiac. The State introduced into evidence video footage from the
officersâ squad car, which substantially corroborates Detective Campbellâs testimony. 2 With the
help of a police helicopter, defendant and Gordon were subsequently found and arrested while
attempting to hide on the back deck of a residence on 66th Street. Footage from the helicopter and
the arresting officersâ body-worn cameras were also introduced into evidence.
¶ 15 Shortly after the arrests, at approximately 9:44 p.m., Detective Joseph Murtaugh
administered gunshot residue (GSR) collection kits for defendant and Gordon. These kits were
2
The video footage was not included in the record on appeal in this case, but was made part of
the record on appeal in codefendant Gordonâs case. We take judicial notice of the video exhibits. In re
Marcus S.,
2022 IL App (3d) 170014
, ¶ 46 n.4 (appellate court may sua sponte take judicial notice of
public documents contained in the record of any other judicial proceeding if doing so would be helpful in
deciding the case before us).
-4-
No. 1-23-0035
later analyzed by forensic scientist Scott Rochowicz, who testified for the State as an expert in
GSR testing. Rochowicz determined that defendantâs right hand showed âa minimum of three of
the tricomponent particles and additional consistent particles,â leading Rochowicz to conclude that
defendant had likely discharged a firearm or been in close proximity to the discharge of a firearm.
However, Rochowicz testified that defendantâs left hand and both of Gordonâs hands tested
negative for GSR. Rochowicz acknowledged that GSR could be removed from a personâs hands
by a variety of activities, including running, climbing a fence, and touching other objects.
¶ 16 The firearms evidence collected in this case consisted of a .45-caliber handgun recovered
from the backseat of the crashed Pontiac and a .40-caliber handgun recovered from the IDOT
parking lot through which defendant and Gordon fled after the crash. Police also recovered
numerous .40-caliber, .45-caliber, and 9-millimeter fired cartridge cases from the murder scene.
¶ 17 Per the trial courtâs pretrial ruling, Sher testified that she investigated this evidence for the
Illinois State Police as an expert in the field of firearm identification. After comparing the fired
cartridge cases to test shots from the recovered firearms, Sher determined that all .40-caliber
cartridge cases found at the scene were fired from the gun recovered in the IDOT parking lot, and
that all .45-caliber cartridge cases found at the scene were fired from the gun recovered from the
Pontiac. Sher also determined that all of the 9-millimeter cartridge cases from the scene were fired
by the same weapon; however no 9-millimeter firearm was ever recovered in this case. Defendantâs
counsel chose not to question Sher on cross-examination.
¶ 18 Forensic scientist Cynthia Prus testified that she examined various latent fingerprint
samples collected in this case, including those on the firearm recovered from the IDOT parking
lot. After comparing a print from the firearm to a known sample from defendant, Prus concluded
that the firearm print was made by defendantâs right ring finger.
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No. 1-23-0035
¶ 19 Forensic scientist Dr. Yongfei Wu testified that he created DNA profiles from samples
provided by defendant and Gordon. He then compared these profiles to various unknown DNA
samples from evidence collected in this case. In particular, Dr. Wu analyzed DNA swabs from the
recovered firearms, which he combined because each had a âvery low amount of DNAâ on its
own. Dr. Wu explained that the swabs showed a âmixtureâ of DNA from at least four people. Even
with the help of sophisticated computer programs, this mixture was too complex to identify any
individuals who may have contributed their DNA. Dr. Wu further testified that Gordonâs DNA
was found on a T-shirt hanging from the barbed wire fence surrounding the IDOT parking lot.
¶ 20 On cross-examination, Dr. Wu confirmed that he did not determine that defendantâs DNA
was present on any of the evidence he tested. Nevertheless, defense counsel proceeded to question
Dr. Wu about whether defendant could be definitively excluded as contributing to the mixture
from the gun swabs. In response to this questioning, Dr. Wu acknowledged that he identified alleles
at 19 of the possible 23 chromosomal locations in the mixture, but reiterated that he was unable to
include or exclude anyone based on his results. The following exchange then occurred:
âQ. Itâs true also, Dr. Wu, that for those 19 locations, specifically for [the gun swabs] there
are often alleles present that cannot have come from Mr. Dorsey present [sic] that are not
in his DNA?
THE COURT: Well, thatâs necessarily true in a mixture?
[DEFENSE COUNSEL]: Yes, Judge, that is true.
THE COURT: Letâs take a recess. Take the jury out, bring them in the hallway if you
would.â
¶ 21 Once the jury was excused, the court asked defense counsel what he was looking to
establish with these questions. Defense counsel objected, arguing that it would be inappropriate to
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No. 1-23-0035
discuss the matter in the presence of Dr. Wu. The court disagreed, stating âNo, letâs go. Come on.â
Defense counsel then explained that he sought to establish that âat a multitude of these genetic
locations [Dr. Wu] tested, even though DNA results were obtained Mr. Dorseyâs alleles are not
present at those locations in these mixtures.â After a lengthy discussion, the court allowed defense
counsel to continue his line of questioning, but cautioned that the defense would not be allowed to
mislead the jury by contending that defendant was excluded from the mixture at closing arguments.
¶ 22 When cross-examination resumed, Dr. Wu explained that the absence of defendantâs alleles
at a particular location does not necessarily exclude him as a contributor for several reasons. For
example, Dr. Wu explained that a personâs DNA can be âdropped out and not detectedâ at a
location if it is at a âlow level.â However, Dr. Wu agreed that another explanation for the absence
of defendantâs alleles at a particular location is that he was not a contributor.
¶ 23 On re-direct examination, Dr. Wu testified that it would not be generally accepted in the
field of DNA analysis to exclude an individual as a contributor to a mixture based on the absence
of his alleles at some location. Dr. Wu reiterated that the mixture from the gun swabs was too
complex to include or exclude any person as a contributor.
¶ 24 The defenseâs case-in-chief consisted solely of defendantâs testimony. Defendant testified
that he was in Chicago in June 2017 because he was staying at his auntâs house while on summer
break from college. On the night of the shooting, defendant attended a family gathering at the
auntâs house in honor of his late cousin, who had been shot and killed approximately three weeks
prior. At the gathering, defendantâs cousin Marquise Banks pulled him aside and showed him a
gun. Because defendant did not have any experience with firearms, Banks showed him how to
work the safety and remove the clip. Defendant briefly touched the gun to practice what Banks
had shown him. Defendant then handed the gun back to Banks and they rejoined the party.
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No. 1-23-0035
¶ 25 Several hours later, Gordon, Banks, and Cameron Slater (a friend of Banksâ who defendant
knew only as âCamâ) told defendant that they wanted to go buy marijuana. Defendant drove them
in the Pontiac because he was the only one with a valid driversâ license. He did not know who
owned the vehicle.
¶ 26 Defendant drove to 58th Street and parked on the side of the street. Gordon, Banks, and
Slater exited the vehicle while defendant stayed behind in the driverâs seat. As defendant waited
for them to return, he heard a âfew loud bangs.â The noises then became more rapid and âsounded
extremely close.â Defendant was afraid and crouched down in his seat for cover.
¶ 27 Moments later, Gordon, Banks, and Slater returned to the car in a panic and yelled for him
to drive away. Defendant did not know what was going on but sped off onto the expressway as
instructed. Defendant knew the police were pursuing them, but he was âtoo afraid to stop.â
Defendant soon lost control of the car and crashed on the side of the expressway.
¶ 28 Defendant, Gordon, Banks, and Slater all exited the car and ran. Banks and Slater ran in
one direction while defendant and Gordon ran in the other. Defendant and Gordon hopped the
embankment on the expressway and climbed a fence into an IDOT parking lot. They then ran
through the parking lot and into a neighborhood, where they were arrested while attempting to
hide on the porch of a residence.
¶ 29 Defendant testified that he never saw Gordon, Banks, or Slater with a gun after they left
the family gathering. Defendant denied firing a gun on the day of the murders. He did not know
that the others were planning on committing a shooting.
¶ 30 C. Motion Regarding Defendantâs Motive
¶ 31 Upon the close of evidence, defendant filed a motion to prevent the State from suggesting
during its closing argument that the shooting was motivated by revenge for his recently-murdered
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No. 1-23-0035
cousin. Defendant contended that such an argument would require the State to rely on assumptions
not based on the evidence because â[n]ot a scintilla of evidenceâ connected the victims with the
murder of defendantâs cousin. Defendant further maintained that the argument would also
âimpermissibly inject the specter of gang violenceâ into the trial because âmost people associate
retaliatory shootings with gang activity.â
¶ 32 After hearing arguments from the parties, the trial court denied defendantâs motion. In so
ruling, the court stated that defendantâs testimony âsuggests the possible motive by his own
cousinsâ Banks and Gordon because they had been at a gathering to commemorate the death of
their mutual cousin immediately prior to the shooting.
¶ 33 D. Closing Arguments
¶ 34 At closing arguments, the State argued that defendant, Gordon, and an unknown third
gunman planned to commit the shooting and positioned their Pontiac to make a quick escape onto
the expressway. Unfortunately for them, they were âcaught essentially red-handedâ because
officers happened to be nearby. The State emphasized that the fingerprint, GSR, and firearms
evidence showed that defendant handled one of the murder weapons and fired at the victims more
than a dozen times. The State also contended that defendantâs innocent explanations for this
forensic evidence were âfancifulâ and âridiculous.â
¶ 35 The defenseâs theory at closing argument was that Gordon, Banks, and Slater were the
shooters while defendant was âtricked *** into being a getaway driverâ under the pretense of
buying marijuana. Defense counsel contended that the GSR could have been transferred to
defendant from one of the shooters or arresting officers. Similarly, the presence of defendantâs
fingerprint on the .40-caliber firearm was explained by his testimony that he touched it when Banks
showed it to him at the family gathering. The defense also emphasized that defendantâs DNA was
-9-
No. 1-23-0035
not found on either recovered firearm despite allegedly shooting one of them many times. Finally,
defense counsel argued that defendant would not derail his life for a âmotiveless shooting,â noting
that âthere hasnât even been an allegation of how he has any connection to any of [the victims] or
why there would be a retaliatory strikeâ for his cousinâs recent murder.
¶ 36 In rebuttal, the State contended that defendant and Gordon committed the murders in a
âtargeted hitâ as revenge for the recent murder of their mutual cousin. The State maintained that
the forensic and circumstantial evidence established that defendant was one of the shooters beyond
a reasonable doubt. The State further asserted that defendant was a âhorrible liarâ whose testimony
âcomplete defies logicâ in various ways.
¶ 37 D. Posttrial Motions
¶ 38 On July 18, 2022, the jury found defendant guilty of first-degree murder with respect to all
three victims. The matter was then continued to September 9, 2022, for argument on posttrial
motions. On that date, defendant was not present in court because, according to the sheriff, he
ârefused to come to court.â
¶ 39 On November 10, 2022, the matter was continued again because the parties had not yet
filed their posttrial motions. The case was then set for arguments on posttrial motions on December
14, 2022. On that date, defense counsel informed the court that he was ready to proceed with
posttrial motions, but that defendant wished to address the court. The following exchange then
occurred:
âDEFENDANT DORSEY: I wanted to ask you if I was to ask my attorney to withdraw
from the case, would I have to proceed with my retrial motion today?
THE COURT: You want your attorney to withdraw from the case?
DEFENDANT DORSEY: Yes.
- 10 -
No. 1-23-0035
THE COURT: When I say your attorney, I mean Mr. Schleyer and Mr. Gutierrezâ
DEFENDANT DORSEY: Yes.â
Defendant then explained that he and his mother had âbeen in contact with several lawyersâ and
were in the process of deciding which one to hire. Defendant continued that it had taken him âa
whileâ to find new counsel because he âhad trouble getting in contactâ with many of the candidates
and working out a financial arrangement. The court ultimately denied defendantâs request for a
continuance, noting that it had been nearly four and a half years since the shooting and over five
months since the verdicts were read. The court opined that defendant therefore had âample time to
have secured counselâ but had not so. The court noted that it had asked defendant âseveral very
open-ended questionsâ regarding his request for a continuance and that he had not offered âany
particular reasonâ why he wanted to obtain replacement counsel.
¶ 40 The court then heard arguments on the motion written by defendantâs trial counsel. That
motion raised numerous claims, including that (1) the State failed to prove the charges beyond a
reasonable doubt; (2) the court erred in denying several of defendantâs pretrial motions, including
those to limit or exclude testimony regarding firearm and fingerprint identification; (3) the court
erred in allowing hearsay statements; (4) the court erred by interjecting its own opinion during Dr.
Wuâs cross-examination; (5) the court erred in allowing the State to ask defendant improper
questions on cross-examination; and (6) the court erred in allowing the State to argue that the
shooting was motivated by revenge for defendantâs recently-murdered cousin. Defendantâs motion
was denied.
¶ 41 E. Sentencing Hearing
¶ 42 After the denial of defendantâs posttrial motion, the matter proceeded to a sentencing
hearing. The State argued that the only sentence allowed under the law was a natural life sentence,
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No. 1-23-0035
which the State maintained was appropriate in light of the nature of the offense and the âutter
disregard for human lifeâ exhibited by defendant. The court also reviewed a âfairly lengthyâ packet
of mitigating evidence submitted by the defense, as well as defendantâs Presentence Investigation
Report (PSI). The mitigation packet and PSI revealed that defendant was primarily raised without
a father in âless fortunateâ economic circumstances.. Despite these challenges, defendant became
a star football player who set numerous high school records for Dunbar Vocational Career
Academy. After graduating from Dunbar, defendant played at Dodge City Community College in
Kansas, where he also received an academic scholarship and worked as a resident assistant. The
mitigation packet contains several letters from defendantâs teammates attesting to his high moral
character.
¶ 43 In argument, defense counsel acknowledged that a life sentence was required by statute,
but contended that such a sentence was âcruel and unusualâ because it did not consider defendantâs
age, education, background, and potential for rehabilitation. Invoking the United States Supreme
Courtâs decision in Miller v. Alabama,
567 US 460
(2012), counsel further asserted that the court
should consider that âyouthful offenders have different brain activityâ that impacts their ability to
regulate their behavior and appreciate the consequences of their actions. Defendant did not make
a statement in allocution.
¶ 44 The court sentenced defendant to life in prison, which the court found was statutorily
required because defendant was over the age of 18 and convicted of multiple murders. The court
noted the defenseâs invocation of Miller, but opined that concerns about youthful offenders did not
apply to this case because defendant was âobviously well educatedâ and did not have âminimal
involvementâ in the shooting. The court further stated that the sentence âpass[es] Constitutional
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No. 1-23-0035
musterâ as applied to defendant given the âbrazenâ and âhorrificâ nature of the offense.
Defendantâs motion to reconsider his sentence was denied.
¶ 45 This appeal followed.
¶ 46 II. ANALYSIS
¶ 47 A. Motion for Frye Hearing
¶ 48 On appeal, defendant first argues that the trial court erred in denying his motion to either
exclude the Stateâs firearm identification evidence and or hold a Frye hearing to determine the
admissibility of that evidence. As he did below, defendant contends that firearm identification
evidence is inadmissible because it is not generally accepted in the scientific community. For
support, defendant relies primarily on a 2009 report from the National Academy of Sciences that
concluded the field of firearms lacks objective standards and has not been subjected to rigorous
scientific scrutiny or research.
¶ 49 In Illinois, the admission of expert testimony is governed by the standard first articulated
in Frye,
293 F. 1013
(D.C. Cir. 1923). In re Detention of New,
2014 IL 116306
, ¶ 25. Under Frye,
scientific evidence is admissible at trial only if it is based on a methodology or principle that is
generally accepted in the relevant scientific field. In re Commitment of Simons,
213 Ill. 2d 523,
529-30
(2004). To qualify as âgenerally accepted,â the methodology or principle in question need
not have gained universal acceptance or even be accepted by a majority of experts in the relevant
field.
Id.
Instead, it is sufficient that the methodology underlying the expert witnessâs opinion is
reasonably relied upon by experts in the field.
Id. at 530
. Additionally, the Frye standard applies
only to scientific methodologies that are ânewâ or ânovel.â
Id.
A scientific methodology is
considered ânewâ or ânovelâ in this context if it is original or does not resemble something
formerly known or used.
Id.
A trial court may decide that a scientific methodology or principle is
- 13 -
No. 1-23-0035
generally accepted by either (1) holding an evidentiary hearing or (2) taking judicial notice of
unequivocal and undisputed prior judicial decisions or technical writings on the subject. People v.
McKown,
226 Ill. 2d 245, 254
(2007). Whether a scientific methodology is âgenerally acceptedâ
within the meaning of the Frye standard is reviewed de novo. People v. Nelson,
235 Ill. 2d 386,
430-31
(2009).
¶ 50 Initially, we note that the State contends that the firearm identification evidence relevant
to this case is neither ânewâ nor ânovelâ within the meaning of Frye because Illinois courts have
allowed such evidence since at least our supreme courtâs 1930 decision in People v. Fisher,
340
Ill. 216, 240-41
(1930). Defendant acknowledges that Illinois courts have routinely allowed
firearm identification evidence for many years, but insists that the methodology is still novel
because, as Frye hearings are rarely held on firearm identification evidence, newer research âhas
not been adequately litigatedâ in Illinois.
¶ 51 We find People v. Rodriguez,
2018 IL App (1st) 141379-B
, ¶ 54, instructive. There, as
here, the defendant relied primarily on the 2009 report from the National Academy of Sciences
and our supreme courtâs decision in People v. McKown,
226 Ill. 2d 245
(2007), in arguing that the
trial court erred by admitting firearm identification evidence without holding a Frye hearing.
Id.
We disagreed, stating that â[t]oolmark and firearm identification evidence is not new or novel,
either pursuant to the plain meaning of those words or in accordance with the analysis employed
by our supreme court in McKown.â
Id.
¶ 61We continued that, â[f]ar from being unsettled, the law
in Illinois is consistent in its admission of such evidence.â
Id.
¶ 52 We distinguished firearm identification evidence from the horizontal gaze nystagmus test
relevant in McKown, noting that the admissibly of the former was well-settled whereas the latter
had never been accepted after a Frye hearing in an Illinois court. Id. ¶ 58. We also rejected the
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No. 1-23-0035
defendantâs reliance on the National Academy of Sciences report, holding that âthe reportâs
concerns go to the weight and not to the admissibility of such evidence.â Id. ¶ 62. Accordingly,
we affirmed the admission of firearm identification evidence without the need for a Frye hearing.
Id. ¶ 62; see also Robinson,
2013 IL App (1st) 102476, ¶ 91
(same).
¶ 53 In this case, defendant does not address Rodriguez other than summarily asserting it was
erroneously decided based on âunsubstantiated science from a different time.â However,
Rodriguez remains good law and we see no reason to depart from it. We also note that much of the
research cited by defendant, particularly the 2009 National Academy of Sciences report predates
Rodriguez and was considered by that court.
¶ 54 In any event, even if we were to find that the firearm identification evidence should not
have been admitted, the error would have been harmless. Even where evidence is erroneously
admitted, this court may affirm a conviction if the error was harmless beyond a reasonable doubt.
People v. McNeal,
2019 IL App (1st) 180015, ¶ 31
. Evidentiary error is harmless where there is
no reasonable probability that the defendant would have been acquitted but for the error. People
v. Sheppard,
2021 IL App (1st) 181613, ¶ 23
.
¶ 55 Here, any evidentiary error would have been harmless because the evidence against
defendant was overwhelming. Even without the challenged firearm identification evidence, the
trial evidence still established that defendant was present at the crime scene with the shooters and
led the police on a high-speed chase in an attempt to escape. Defendant continued to flee on foot
after crashing his vehicle, bloodying his hands by climbing a barbed wire fence in the process.
Defendantâs hand also tested positive for GSR shortly after his arrest, and it is undisputed that his
fingerprint was found on the .40-caliber firearm recovered from the path of his flight from police.
The caliber of that firearm matched many of the spent cartridge cases found at the crime scene.
- 15 -
No. 1-23-0035
Considering this substantial evidence, further evidence connecting the .40-caliber firearm to the
cartridge cases left at the scene was little more than cumulative.
¶ 56 To be sure, defendant contends that the error was not harmless because âthe State presented
no evidence refuting his testimony,â which he maintains explains the forensic evidence against
him. However, defendantâs testimony does not render any evidentiary error prejudicial. We agree
with the trial court that defendantâs self-serving testimony was somewhat âfantastical,â and thus
have no reason to believe the jury would have accepted it but for the claimed evidentiary error.
See also Gordon,
2025 IL App (1st) 230037-U, ¶ 35
(opining that similar testimony from Gordon
âstrains credulityâ). Consequently, any error in the admission of the firearm identification evidence
would have been harmless.
¶ 57 B. Dr. Wuâs Cross-Examination
¶ 58 Defendant next argues that he was denied his right to a fair trial when the trial court
âabandoned its role as a neutral arbiter and showed bias toward the defenseâ during the cross-
examination of Dr. Wu. In particular, defendant challenges the following instance where the court
interjected while defense counsel was cross-examining Dr. Wu about whether defendant could be
excluded as a contributor to the DNA mixture from the recovered firearms:
âQ. Itâs true also, Dr. Wu, that for those 19 locations, specifically for both [firearm swabs]
there are often alleles present that cannot have come from Mr. Dorsey present [sic] that are
not in his DNA?
THE COURT: Well, thatâs necessarily true in a mixture?
[DEFENSE COUNSEL]: Yes, Judge, that is true.
THE COURT: Letâs take a recess. Take the jury out, bring them in the hallway if you
would.â
- 16 -
No. 1-23-0035
The court then held a sidebar during which, over defense counselâs objection, Dr. Wu remained
present on the witness stand outside the presence of the jury.
¶ 59 Of course, every criminal defendant has a right to a fair trial before a neutral judge.
However, a trial court has wide discretion to control the course of the trial, including the right to
raise its own objections and question witnesses. People v. Moore,
2023 IL App (1st) 211421, ¶
115
. A court must exercise extreme caution to avoid influencing the jury by stating or implying its
opinion on the credibility of a witness or the argument of one of the parties. People v. Tatum,
389
Ill. App. 3d 656, 662
(2009). That said, a trial judge does not become an advocate for the State
merely because his questions solicit evidence beneficial to the prosecution. People v. Harris,
384
Ill. App. 3d 551, 561
(2008). Even where a trial judge acted improperly, a new trial is warranted
only if the defendant was prejudiced by the courtâs conduct. Moore,
2023 IL App (1st) 211421, ¶
115
.
¶ 60 Here, defendant contends that the trial judge interjected his own opinion on the evidence
by stating that it was ânecessarily true in a [DNA] mixtureâ that not every allele was contributed
by the same person. Defendant also maintains that the court continued âacting as an advocate for
the Stateâ by forcing defense counsel to discuss his theory of the case in the presence of Dr. Wu
during the side bar.
¶ 61 We find no reversible error here. First, we fail to see how the ânecessarily trueâ comment
prejudiced defendant, as the court agreed with the premise of defense counselâs question. That is
why defense counsel answered the courtâs question by stating, âYes, Judge, that is true.â
Additionally, the sidebar occurred outside the presence of the jury, so any comments from the
court could not have influenced it. Although defendant maintains that Dr. Wu should not have
been allowed to hear the reason for defense counselâs line of questioning, the defenseâs theory was
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No. 1-23-0035
rather obvious. And, even after the sidebar, Dr. Wu essentially reiterated what he said on direct
examination: the guns swabs were too complex to identify who may have contributed to them.
There is little chance that Dr. Wu would have testified that defendant was excluded as a contributor
had he not been present for the sidebar. Instead, it is highly likely that the State would have elicited
that defendant could not be excluded during redirect examination anyway.
¶ 62 Regardless, this line of questioning was of minor importance to the overall trial. At best,
defense counselâs questioning could have established that defendantâs DNA was not found on the
recovered firearms. However, the jury would still have heard that defendantâs fingerprint was
found on the gun recovered in the IDOT parking lot. Indeed, defendant himself admitted to
handling the gun at his auntâs house just before the shooting. Thus, there is no reasonable
possibility that the trial courtâs conduct prejudiced defendant, and therefore no reversible error.
¶ 63 C. Prosecutorial Misconduct
¶ 64 Defendant next contends that the State committed âprosecutorial misconductâ through
various statements made in cross-examination and closing argument. Generally, the State is
afforded wide latitude in opening statements, closing arguments, and cross-examinations. People
v. Jones,
2016 IL App (1st) 141008, ¶ 21
. However, it remains improper for a prosecutor to make
statements that have no purpose other than to inflame the passions of the jury.
Id.
It is also improper
for the prosecution to misstate the evidence or argue facts that were not in the evidence. People v.
Daniel,
2022 IL App (1st) 182604, ¶ 84
. On the other hand, the State may assume the truth of its
evidence and comment on any reasonable inferences drawn therefrom.
Id.
In evaluating allegedly
improper remarks for the State, the comments must be viewed in their entirety and in context of
the closing argument as a whole.
Id.
Statements are generally not improper where they were
provoked or invited by the defense.
Id.
Additionally, even improper comments do not warrant
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No. 1-23-0035
reversal unless they âengendered such substantial prejudice against the defendant that it is
impossible to tell whether the verdict of guilt resulted from them.â McNeal,
2019 IL App (1st)
180015, ¶ 43
.
¶ 65 This court has previously noted the âconfusionâ surrounding the appropriate standard of
review when a defendant alleges that the State made improper remarks during closing argument.
People v. Johnson,
2015 IL App (1st) 123249, ¶ 39
. This confusion stems from two supreme court
cases: (1) People v. Wheeler,
226 Ill. 2d 92, 121
(2007), where our supreme court held that whether
a prosecutorâs comments were egregious enough to require a new trial is a question of law
reviewed de novo, and (2) People v. Blue,
189 Ill. 2d 99, 244
(2000), where our supreme court
reviewed the propriety of a prosecutorâs remarks during closing arguments under the abuse of
discretion standard. Here, the parties agree that the proper standard is whether the trial court abused
its discretion in allowing the State to make the challenged remarks. Regardless, we observe that
we would reach the same conclusion under either standard. See People v. Stewart,
2013 IL App
(1st) 210912
, ¶ 77 (appellate court need not resolve dispute over standard of review where it
determines that the challenged comments were proper under any standard).
¶ 66 A review of the record shows that the challenged remarks are rather isolated and involve
only minor trial issues. Thus, there is no reasonable probability that these comments affected the
outcome of defendantâs trial.
¶ 67 1. âFacts Not in Evidenceâ
¶ 68 For example, defendant contends that the State improperly argued facts not in evidence
when, on four occasions during its cross-examination of defendant, it implied that he was driving
either 100 or 110 miles per hour before crashing the Pontiac. Defendant observes that he testified
only that he drove faster than 55 miles per hour. Similarly, Detective Campbell testified only that
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No. 1-23-0035
defendant was traveling âat a high rate or speedâ and âfaster than the flow of trafficâ on the
expressway. Thus, defendant concludes that it was improper to suggest that he drove 100 miles
per hour where there was no evidence of his precise speed.
¶ 69 However, we have no doubt that the verdict did not hinge on the juryâs belief that defendant
drove 100 miles per hour rather than some lesser speed. In any event, the jury observed the video
from Detective Campbellâs dashboard camera which confirms that defendant drove extremely
quickly and recklessly for about 30 seconds before losing control and crashing his vehicle. We
also note that the Stateâs closing argument did not mention a specific speed, but rather told the
jurors that they âsaw that videoâ and âcan make a determination of how fast [defendant]âs goingâ
for themselves.
¶ 70 2. âMisstatementâ of Testimony
¶ 71 Similarly, defendant argues that the prosecution âmisstatedâ his testimony by implying that
he was present at the crime scene during the following exchange:
âQ. Mr. Dorsey, just before I ask you about what happened, I just want to clarify a couple
things. So, according to you, you were just present when this shooting occurred; right?
A. Yes.
[DEFENSE COUNSEL]: Objection.
THE COURT: Overruled.â
Defendant maintains that this was error because his testimony was that he was sitting in the Pontiac
half a block away rather than at the scene of the shooting.
¶ 72 First, we fail to see how defendant can claim that the prosecutor misstated his testimony
when he answered the question in the affirmative, meaning he agreed that he was âjust presentâ
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No. 1-23-0035
when the shooting occurred. Additionally, it was reasonable for the State to describe defendant as
âpresentâ when, by his own account, he was no more than half a block from the shooting and
reunited with the shooters just moments later. Indeed, defendant testified that the gunfire was so
close to him that he crouched down in his seat for fear of getting shot. Thus, his argument is
meritless.
¶ 73 3. Questions Outside Defendantâs Knowledge
¶ 74 Defendant further argues that, elsewhere during cross-examination, the State improperly
asked two questions that were outside the scope of his knowledge. First, defendant takes issue with
the State asking him whether the IDOT parking lot was âwhere that gun that has your fingerprints
on [it] was recovered.â Second, defendant challenges the State asking him whether, as the only
licensed driver in the group, he was asked to drive the others to the shooting because it was
âimportant for [Banks] to follow the rules of the road.â
¶ 75 As with the question about his presence at the crime scene, we note that defendant
answered, âYesâ to the question of whether the gun with his fingerprint was the one recovered in
the IDOT parking lot. Thus, defendant cannot seriously claim that the question was outside of his
personal knowledge.
¶ 76 As for the question regarding Banksâ desire to âfollow the rules of the road,â defendant
simply answered that he âhad no idea what [Banksâ] thought process was,â and the State moved
on to a different line of questioning. Clearly, this single question on an unimportant issue did not
affect the verdict. Reversal is therefore not required.
¶ 77 4. âTauntingâ and âSarcasticâ Remarks
¶ 78 Next, defendant alleges that the prosecutors made generally âtauntingâ and âsarcasticâ
remarks that were unrelated to the evidence and designed solely to âharass and demeanâ him in
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No. 1-23-0035
order to undermine his credibility. In particular, defendant likens his case to People v. Schaffer,
2014 IL App (1st) 113493, ¶ 51
, where this court reversed a defendantâs conviction based on
improper questions that âwere designed to ridicule and demean [the] defendant.â However, that
case is readily distinguishable.
¶ 79 In Schaffer, the defendant was charged with aggravated criminal sexual assault. Id. ¶ 1.
There was no dispute that the defendant and the victim engaged in sexual activity; the only issue
was whether it was consensual. Id. ¶ 2. On cross-examination, the State repeatedly asked the
defendant whether the victim and investigating detectives fabricated their testimony against him.
Id. ¶ 51. We first found that this questioning was error, as it is improper for the State to ask a
defendant his opinion on the veracity of other witnesses. Id. ¶ 49. Second, we found that this error
warranted reversal because the evidence was closely balanced in a classic â âhe said/she saidâ
scenarioâ where both the defendant and the victim had âsome problems with credibility.â Id. ¶ 52.
¶ 80 In contrast to Shaffer, the State in the present case did not ask defendant to opine on the
veracity of other witnesses. Nor did the State ask questions solely designed to demean defendant.
For instance, defendant objects to the State asking him whether Banks âmagically appear[ed]â at
his auntâs house before the shooting. Although defendant asserts that this question âhad no real
purposeâ other than to harass him, the record shows that the Stateâs strategy was to establish that
Banks drove himself a significant distance to attend the family gathering. And defendant did admit
that Banks drove the Pontiac to the gathering, thus undermining his testimony that his cousins
needed him to drive to the shooting because he was the only one with a valid driverâs license.
While the wording of this and other questions was perhaps mildly sarcastic, we agree with the
Stateâs characterization that its cross-examination was âvigorousâ without crossing the line into
embarrassing or demeaning defendant.
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No. 1-23-0035
¶ 81 Furthermore, this case also differs from Shaffer in that the evidence was not closely
balanced. Rather than a case of âhe said/ she said,â defendantâs involvement in the shooting was
proved by ample physical and forensic evidence as detailed above. Reversal is not warranted in
the face of this overwhelming evidence.
¶ 82 5. Motive
¶ 83 Finally, defendant argues that the trial court erred by allowing the State to argue that the
shootings were motivated by revenge for the recent murder of defendant and Gordonâs mutual
cousin. Defendant contends that this argument was improper where there was no evidence
connecting the victims to the cousinâs murder or suggesting that defendant believed the victims to
be responsible.
¶ 84 Initially, we note that we affirmed Gordonâs convictions over a similar argument on direct
appeal. Gordon,
2025 IL App (1st) 230037-U ¶¶ 58-59
. There, Gordon contended that the State
argued facts not in evidence during closing argument by stating that he and defendant were at a
âparty commemorating the death of [their] deceased cousinâ before the shooting.
Id. ¶ 58
. We
disagreed, finding that it was a âfair inference and within the wide latitude afforded in closing
argumentâ based on Gordonâs âambiguousâ testimony on whether the party was connected to the
cousinâs death.
Id.
Regardless, we stated that this ârelatively minorâ aspect of the Stateâs overall
closing argument did not create substantial prejudice, especially where the trial court properly
instructed the jury that closing arguments are not evidence.
Id. ¶ 59
.
¶ 85 Defendantâs argument in this case is even weaker than the one we rejected in Gordon. Here,
defendant testified that âit was a family gathering for the â[his] cousinâ and that âthe family was
there because [his] cousin was previously deceased.â Thus, as in Gordon, it was a fair inference
from the evidence to connect the shooting with the cousinâs murder. We also note that the State
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No. 1-23-0035
only mentioned the possible motive in rebuttal after defense counsel first argued that it was âa
motiveless shootingâ and that âthere hasnât even been any allegation of how he has any connection
to any of [the victims] or why there would be a retaliatory strike three weeks after a murder.â
Generally, it is proper for the State to respond to arguments from defense counsel that clearly invite
a response. People v. Cosmano, 2021 IL App (1st) 10116, ¶ 57.
¶ 86 Regardless, the evidence against defendant is even stronger than the evidence against
Gordon. In addition to the evidence cited in Gordon, defendant personally drove the vehicle that
fled from police, tested positive for GSR, and was connected via fingerprint to one of the recovered
murder weapons. Finally, as in Gordon, the trial court instructed defendantâs jury that âclosing
arguments are not evidence and any statement or argument made by the attorneys which is not
based on the evidence is to be disregarded.â We therefore find no reversible error in the Stateâs
comments.
¶ 87 In sum, defendant challenges only isolated comments on tangential trial matters. We find
the challenged remarks to be generally proper, reasonably based on the evidence, and within the
wide latitude afforded to the State during closing argument. Regardless, even a handful of
improper remarks on minor issues would not require reversal in light of the overwhelming against
defendant. Thus, defendantâs arguments are meritless.
¶ 88 D. Request for a Continuance
¶ 89 Defendant next argues that he was deprived of his right to the counsel of his choice when
the trial court denied his posttrial request for a continuance to find substitute counsel. Defendant
therefore asks us to remand the matter âto allow [him] to obtain new counsel and for a new
sentencing hearing.â
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No. 1-23-0035
¶ 90 Both the Illinois and United States Constitutions guarantee criminal defendants the right to
retain counsel of their choosing. U.S. Const. amend. VI; Ill. Const. 1970 art. I, § 8. However, that
right is not absolute and cannot be used to â âthwart the administration of justice, or to otherwise
embarrass the effective prosecution of crime.â â People v. Bingham,
364 Ill. App. 3d 642, 645
(2006) (quoting People v. Solomon,
24 Ill. 2d 586, 590
(1962)). Thus, when faced with a
defendantâs request for a continuance to procure substitute counsel, a court must balance the
defendantâs right to counsel with the need for efficient administration of justice.
Id.
Whether a
continuance is proper necessarily depends on the particular facts and circumstances of each case.
People v. Walker,
232 Ill. 2d 113, 125
(2009). Factors for the court to consider include (1) whether
the defendant articulates an acceptable reason for seeking new counsel, (2) whether the defendant
has been in continuous custody, (3) the defendantâs efforts in obtaining new counsel, (4) the
defendantâs cooperation with current counsel, and (5) the length of time current counsel has
represented the defendant. People v. Adams,
2016 IL App (1st) 141135, ¶ 13
. Whether to grant or
deny a continuance for the substitution of counsel is left to the discretion of the trial court, and the
courtâs decision will not be reversed on appeal absent an abuse of that discretion. People v.
Segoviano,
189 Ill. 2d 228, 245
(2000).
¶ 91 Initially, we note that defendant concedes that this issue was ânot fully preserved,â
presumably because it was not included in his posttrial motion. See People v. Ramirez,
2023 IL
App (1st) 221227, ¶ 43
(âIn order to preserve an alleged error for appellate review, a defendant
must raise the alleged error both at trial and in a posttrial motion, or else the alleged error is
forfeited.â). He nevertheless maintains that we should review the matter under the second prong
of the plain error doctrine, which allows us to review a forfeited issue where âa clear or obvious
error occurred and that error is so serious that it affected the fairness of the defendantâs trial and
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No. 1-23-0035
challenged the integrity of the judicial process, regardless of the closeness of the evidence.â People
v. Piatkowski,
225 Ill. 2d 551, 565
(2007).
¶ 92 In this case, the record shows that defendantâs posttrial motion was filed by his trial counsel
before defendant raised his pro se request for a continuance to his counsel or the trial court. Thus,
it would seem unfair to penalize defendant for the failure to include the matter in an already-filed
motion. Additionally, we have stated that a defendantâs right to counsel of his choice is so
fundamental to the judicial process that âits erroneous denial requires automatic reversalâ without
regard to the strength of the evidence. Adams,
2016 IL App (1st) 141135, ¶ 15
. Thus, we will
review the matter for plain error. However, before applying the plain-error doctrine, we must first
determine whether the trial court committed a clear or obvious error. People v. Thompson,
238 Ill.
2d 598, 611
(2010).
¶ 93 We find that the trial court did not abuse its discretion in this case. Defendant primarily
contends that it would have been reasonable and minimally disruptive to the administration of
justice to grant him a âshort continuanceâ in which to obtain substitute counsel. However, that the
continuance would have been a short one is speculative. The record shows that defendant had not
yet hired substitute counsel and admitted that he had been having trouble doing so. â[I]t is well
established that a trial court will not be found to have abused its discretion in denying a motion for
substitution of counsel in the absence of ready and willing substitute counsel.â Segoviano,
189 Ill.
2d 228, 245
(2000). A continuance would have required substitute counsel to have been identified,
hired, and sufficiently familiarized with the issues to argue posttrial motions and sentencing in a
triple murder case. In contrast, defendantâs trial counsel was uniquely familiar with the case, as he
had continuously represented defendant for more than four years at the time defendant requested
continuance. The record does not reveal any notable disagreement between defendant and counsel
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No. 1-23-0035
during this time. Indeed, and perhaps more importantly, defendant never articulated any reason
why he sought to change counsels or why he waited until five months after the end of trial to
request a continuance.
¶ 94 Defendant counters by arguing that he never specified the length or reason for the sought
continuance because the trial courtâs inquiry into his request was insufficient. Defendant supports
this argument by citing to Adams, where this court reversed a conviction based on âthe trial courtâs
utter failure to make any kind of inquiry into [the defendantâs] requestâ for a continuance to
substitute counsel. Adams,
2016 IL App (1st) 141135, ¶ 16
. However, this case is not like Adams
because the trial court here asked defendant several direct questions and gave him multiple
opportunities to explain why he sought to substitute his counsel. Although we agree with defendant
that the court could have asked slightly more specific questions, we cannot say that this rose to the
level of abuse of discretion. See People v. Roberts,
2021 IL App (3d) 190445, ¶ 36
(trial courtâs
inquiry was sufficient where the court âprovided [the] defendant with multiple open-ended
opportunities to express the reasons for her dissatisfactionâ with counsel). We also disagree that
the court was required to ask additional questions because defendant âlacked the legal expertiseâ
to respond to the courtâs inquiries. When requesting a continuance to obtain substitute counsel, it
does not take a trained legal mind to explain the basic reason for the request or the approximate
length of the continuance sought. We note in this regard that defendant was 26 years old at the
time of his request, had attended college on an academic scholarship, and, according to the trial
court, was âobviously well educated.â Under these circumstances, the court did not abuse its
discretion in denying defendantâs posttrial request for a continuance.
¶ 95 E. Proportionate Penalties Clause
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No. 1-23-0035
¶ 96 Finally, defendant argues that his mandatory life sentence violates the proportionate
penalties clause of the Illinois Constitution as applied to him because of his age, background, and
potential for rehabilitation. Defendant also contends, in the alternative, that his trial counsel was
ineffective for failing to support this claim with scientific evidence that his developing brain was
comparable to that of a juvenile offender.
¶ 97 The proportionate penalties clause provides that â[a]ll penalties shall be determined both
according to the seriousness of the offense and with the objective of restoring the offender to useful
citizenship.â Ill. Const. 1970, art. I, § 11. This clause is similar to the eighth amendment to the
United States Constitution, which prohibits âcruel and unusual punishments.â U.S. Const., amend.
VIII; People v. Glinsey,
2021 IL App (1st) 191145
, ¶ 42.
¶ 98 In Miller, the United States Supreme Court held that a sentencing scheme that requires a
juvenile offender to serve life in prison without the possibility of parole violates the eighth
amendment. Miller,
567 U.S. 460, 465
(2012). The Court reasoned in part that a sentencing court
should be able to consider the role that the juvenile offenderâs youth and its attendant
characteristics played in the offense, as well as the nature of the offense itself and the juvenileâs
potential for rehabilitation.
Id. at 477
. Illinois courts have since adopted the reasoning of Miller
with respect to eighth amendment claims, but have made clear that âfor sentencing purposes, the
age of 18 marks the present line between juveniles and adults.â People v. Harris,
2018 IL 121932,
¶ 61
.
¶ 99 Defendant acknowledges that he was too old at the time of the offense to raise an eighth
amendment Miller claim. However, defendant maintains that he may still raise a similar claim
under the proportionate penalties clause because emerging neuroscience suggests that the
development of a 21-year-oldâs brain is similar to that of a juvenile or young adult offender.
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No. 1-23-0035
¶ 100 Illinois courts have held that the proportionate penalties clause provides greater protection
against oppressive sentences than the eighth amendment. People v. Franklin,
2020 IL App (1st)
171628, ¶ 55
. Moreover, as defendant points out, our supreme court has not necessarily foreclosed
the possibility that offenders over the age of 18 but under the age of 21 could raise a proportionate
penalties clause claim based on Miller principles in a postconviction petition. People v. Harris,
2018 IL App (1st) 121932
, ¶¶ 1, 48 (18-year-old defendant); People v. Thompson,
2015 IL App
(1st) 118151
, ¶¶ 43-44 (19-year-old defendant).
¶ 101 Critically, however, â[n]one of the defendants in those cases were over the age of 21.â
People v. Clark,
2023 IL 127273, ¶ 88
. Indeed, this court has repeatedly rejected proportionate
penalties clause claims for defendants age 21 and over. See, e.g., People v. Everett,
2022 IL App
(1st) 201169, ¶ 40
; People v. Green,
2022 IL App (1st) 200749, ¶ 42
; People v. Montanez,
2022
IL App (1st) 191930, ¶ 56
; People v. Williams,
2021 IL App (1st) 190535, ¶ 35
.
¶ 102 Moreover, this case does not present the rare sort of facts that might allow a defendant over
the age of 18 to raise a successful proportionate penalties clause claim based on Miller principles.
Not only was defendant 21 years old at the time of the offense, the record does not suggest that he
was particularly immature or impetuous for his age. At the time of the shooting, defendant was a
high school graduate who was attending college on an academic scholarship while also playing on
the football team and working as a resident assistant in the dormitories. Additionally, this is not a
case where defendant played only a minor role in the offense. Cf. People v. Leon Miller,
2002 Ill.
2d 328
, 341-343 (15-year-old defendant convicted under a theory of accountability for serving as
a âlookoutâ during a shooting). Instead, the evidence showed that defendant personally drove the
gunmen to the shooting, fired at the victims more than a dozen times, and lead the police on a high-
speed chase while attempting to escape. Thus, defendantâs life sentence is not disproportionate as
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No. 1-23-0035
applied to him. Furthermore, trial counsel was not ineffective by failing to present additional
evidence to support this argument.
¶ 103 III. CONCLUSION
¶ 104 For the reasons stated, we affirm the judgment of the circuit court.
¶ 105 Affirmed.
- 30 -Case Information
- Court
- Ill. App. Ct.
- Decision Date
- November 17, 2025
- Status
- Precedential