People v. Almodovar

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 101476
Decision Date: 
January 18, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,5th Div.
Justice: 
TAYLOR
Holding: 
Reversed and remanded.
Court improperly denied Defendant's pro se motion for leave to file a successive postconviction petition, wherein Defendant alleged that newly discovered evidence supported his Brady claim, namely, evidence that Detective was involved in a pattern of flagrant misconduct whereby he manipulated witnesses to falsely identify individuals in multiple other cases. Petition meets "cause and prejudice test", as the objective factor that impeded his ability to raise a specific claim was lack of evidence of detective's pattern of misconduct. (McBRIDE and HOWSE, concurring.)