Lucien v. Briley

Plaintiff, Rudolph Lucien, sought an order of habeas corpus, naming Kenneth R. Briley, warden of the State-ville Correctional Facility, as defendant. See 735 ILCS 5/10 — 101 et seq. (West 2000). Plaintiff alleged his extended-term sentence was unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), and he was therefore entitled to immediate release because he had served the maximum nonextended term to which he could have been sentenced. The circuit court of Will County held the statute authorizing Lucien’s extended-term sentence unconstitutional…