Defendant was convicted, after bench trial, of first degree murder in 2002 shooting death, and sentenced to 75 years. Court erred in denying his motion for leave to file successive postconviction petition, as his claims of a physically coerced confession have never been reviewed. Defendant attached portions of 2012 Illinois Torture Inquiry and Relief Commission (TIRC) report, which related to detectives that interrogated him, and contended that it was newly discovered evidence as it was not available at the time of his initial postconviction petition in 2009. Defendant established requisite cause, in than an objective factor impeded his ability to raise this claim earlier. Defendant satisfied prejudice prong as the use of a Defendant's physically coerced confession as substantive evidence of his guilt is never harmless error.(HOWSE and ELLIS, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions