United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE
Garnell Generally was convicted by a jury in Madison County,
Illinois, of murder, which he committed as a juvenile just
three weeks before his 18th birthday. (Doc. 1-1, Doc. 12). On
April 4, 1986, the trial judge sentenced Generally to life in
prison without the possibility of parole. (Doc. 1-1, pp. 5-6;
Doc. 12, p. 1-2); People v. Generally, 90 N.E.3d
991, ¶ 7 ( Ill. App. 2017). Generally argues that he is
entitled to habeas corpus relief under 28 U.S.C. § 2254
because in imposing the discretionary life sentence, the
trial court did not properly consider the factors set forth
in Miller v. Alabama, 567 U.S. 460 (2012), made
retroactively applicable on collateral review by
Montgomery v. Louisiana, 136 S.Ct. 718 (2016), and
the appellate court unreasonably applied those cases in
affirming the denial of leave to file his most recent
successive post-conviction petition. (Doc. 1-1, pp. 6-11).
has exhausted his state court remedies, including several
post-conviction challenges. He filed this petition for writ
of habeas corpus in this district court on October 16,
2018. (Doc. 1, p. 15). This matter is now before
the Court on Respondent's motion to dismiss (Doc. 12),
which argues that the petition is time-barred. Generally
responded to the motion (Doc. 20).
of the issue raised in Respondent's motion, it is not
necessary to delve too deeply into the facts underlying
Generally's conviction. Generally and three companions
robbed and beat the victim; Generally administered the fatal
blows with a car jack. People v. Generally, 525
N.E.2d 106, 112 ( Ill. App. 1988) (affirming conviction and
sentence on direct appeal).
the appellate court affirmed Generally's conviction, the
Illinois Supreme Court denied his petition for leave to
appeal (“PLA”) on October 6, 1988. People v.
Generally, 530 N.E.2d 255 (table) (Ill. 1988).
sought post-conviction relief in 1990 and 2001 without
success. (Doc. 12, p. 2; Doc. 12-1, p. 1; Doc. 12-2; Doc.
12-3); People v. Generally, 807 N.E.2d 978 (table)
(Ill. 2004); People v. Generally, 855 N.E.2d 284
(table) ( Ill. App. 2003); People v. Generally, 656
N.E.2d 811 (table) ( Ill. App. 1993).
April 28, 2014, Generally sought leave to bring a successive
post-conviction petition to challenge his discretionary life
sentence pursuant to Miller v. Alabama. (Doc. 12-4).
The trial court denied leave, and on October 18, 2017, the
Illinois Appellate Court affirmed the denial. (Doc. 12-1);
People v. Generally, 90 N.E.3d 991 ( Ill. App. 2017)
(published opinion issued on December 12, 2017).
Generally's PLA was denied on January 18, 2018.
People v. Generally, 94 N.E.3d 642 (table) (Ill.
2018). This habeas petition followed.
U.S.C. § 2244 creates a one-year limitation period for
filing a petition for writ of habeas corpus. Under 28 U.S.C.
§ 2244(d)(1), a person convicted in state court must
file his federal habeas petition within one year of the
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
(B) the date on which the impediment to filing an application
created by State action in violation of the Constitution or
laws of the United States is removed, if the applicant was
prevented from filing by such State action;
(C) the date on which the constitutional right asserted was
initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or
claims presented could have been discovered through the