The Fifth District Appellate Court reversed the dismissal of defendant Nigel Generally's postconviction petition seeking to void his sentence.
Justice James "Randy" Moore delivered the Rule 23 decision with Justices Thomas Welch and Mark Boie concurring.
The case originates from Madison County Circuit Court, where Generally pleaded guilty to one count of first-degree murder on April 8, 2013. In exchange for his plea, all other pending charges were dismissed and the State agreed not to seek a sentence exceeding 40 years. At the time of committing the offense, Generally was just under 20 years old. He was subsequently sentenced to 33 years in prison on June 20, 2013.
Generally later filed a petition for post-judgment relief on June 15, 2015, arguing that his sentence was void due to bias from the judge and disproportionate sentencing compared to his co-defendant. His request for a resentencing hearing was denied by the circuit court.
On March 28, 2017, while an appeal was pending, Generally filed another petition pro se for postconviction relief under the Post-Conviction Hearing Act. He claimed that his sentence amounted to life without parole and should be vacated.
The Appellate Court reversed the trial court's dismissals of Generally's petitions and mandates further proceedings with new legal representation.