© 2024 WGLT
A public service of Illinois State University
Play Live Radio
Next Up:
0:00 0:00
Available On Air Stations

Appellate Court Orders Resentencing in 1994 Tazewell Murder Case

A state appellate court says a Tazewell County man's constitutional rights were violated when he agreed to a de facto life sentence as a teenager a quarter century ago.

Phillip Johnson was 16 when he and his adult sister, Angela Oakes, were charged with shooting and killing their father, James Johnson, and his girlfriend, Frances Buck, in 1994.

Phillip Johnson entered into a plea deal with prosecutors, agreeing to a 110-year sentence in the murders to avoid a life sentence without possibility of parole.

Johnson was incarcerated in 1996. He's currently at the Western Illinois Correctional Center in Mt. Sterling, Ill.

Johnson's first post-conviction petition was rejected by the trial court in 1999. He filed an expedited motion for leave to file a second post-conviction petition in 2017.

This petition argued Johnson's 8th Amendment rights were violated because the state didn't take his young age or circumstances, such as a low IQ and history of parental abuse, into account during the original 110-year sentence--that Johnson's appointed counsel argued was effectively a de facto life sentence.

The Tazewell County trial court also dismissed this second petition on grounds that the sentence was agreed to as part of a plea deal.

But in reviewing on appeal, the 3rd District Appellate Court in Ottawa ruled Tazewell County erred in dismissing Johnson's post-conviction petition. In 2017, the Illinois Supreme Court found sentencing juveniles to effective life sentences violates the 8th Amendment if age and other factors aren't taken into account.

"There is no difference between 110 years and the natural life sentence that the defendant faced, but this may not have been fully appreciated or comprehended by a 16-year-old," the court majority wrote. "Moreover, the sentence shows the defendant’s inability to deal with prosecutors and vulnerability to outside pressure and influence."

The appellate court is sending Johnson's case back to Tazewell County for resentencing.

Justice Daniel Schmidt dissented, arguing Johnson would need to withdraw his guilty plea to become eligible for a new sentencing.

We’re living in unprecedented times when information changes by the minute. WCBU will continue to be here for you, keeping you up-to-date with the live, local and trusted news you need. Help ensure WCBU can continue with its in-depth and comprehensive COVID-19 coverage as the situation evolves by making a contribution.

Copyright 2021 WCBU. To see more, visit WCBU.

Tim Shelley is the News Director at WCBU Peoria Public Radio.