Background
Corey A. Lee was convicted after a stipulated bench trial of aggravated DUI of cannabis resulting in two deaths. Blood testing by the University of Illinois Chicago laboratory reported a delta-9-THC concentration of 6.5 nanograms per milliliter, above the statutory five-nanogram threshold. Lee had argued that he was a long-term cannabis user but was not impaired and had last used cannabis 27 hours before the crash.
After his direct appeal ended, Lee filed a postconviction petition 63 days after the filing deadline. He alleged newly discovered problems with the UIC lab’s methods, including its later acknowledgment that it could not distinguish delta-8-THC from delta-9-THC in some tests. He also alleged contamination, measurement-uncertainty, and aliquot-calculation problems in his own toxicology testing.
The Court’s Holding
The appellate court affirmed dismissal of all claims other than actual innocence as untimely. Although Lee and his new lawyers learned of the potential lab issues 29 days before the deadline, the petition did not allege sufficient facts showing that the delay was not due to culpable negligence. The court concluded they could have filed a timely, less comprehensive initial petition and later sought leave to amend.
The court also held that Lee failed to make a substantial showing of actual innocence. While the UIC lab’s inability to distinguish the THC isomers was newly discovered and noncumulative, Lee did not show that he had delta-8-THC in his blood in an amount that could place his delta-9-THC level below the legal limit. The other alleged testing deficiencies likewise did not show that he probably would have been under the statutory threshold or that a retrial would probably produce a different result.
Key Takeaways
- A late Illinois postconviction petition must plead concrete facts showing the delay was not caused by the defendant’s culpable negligence.
- Potential flaws in a laboratory method do not establish actual innocence without evidence tying those flaws to the defendant’s own test result.
- Even under Lee’s proposed uncertainty calculations, the court found his reported THC level remained above the statutory limit.
Why It Matters
The decision underscores that newly disclosed forensic-laboratory problems do not automatically warrant postconviction relief. A petitioner must connect the new information to the facts of the particular case and show that it is material and likely to change the result.