Peo. v. Merriweather

POSTCONVICTION The Fourth District ruled that defendant forfeited his as-applied constitutional challenge to his de facto life sentence, which he raised for the first time on appeal from the denial of leave to file a successive postconviction petition. The Fourth District refused to overlook forfeiture of a juvenile offender’s eighth amendment claim, disagreeing with People v. Nieto, 2016 IL App (1st) 121604, ¶ 35. The Fourth District also vacated the trial court’s denial of leave to file and remanded because the trial court failed to exercise its discretion whether to allow defendant to amend his pleadings to include an additional affidavit for his actual-innocence claim.