People v. Smith

Defendant was convicted, after jury trial, of first degree murder and aggravated firearm discharge on accountability theory, in shooting death of 14-year-old. Leave of court to file a successive postconviction petition should be denied when it is clear, from review of successive petition and documentation submitted by petitioner, that claims alleged fail as a matter of law or where successive petition with documentation is insufficient to justify further proceedings. Defendant failed to satisfy prejudice prong of cause-and-prejudice test, as he cannot have suffered ineffective assistance of counsel based on counsel's failure to raise meritless claims.(GARMAN, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)