Illinois Supreme Court
Criminal Court
Evidence
Defendant failed to plead, per 725 ILCS 5/116-3(a)(2), that Y-STR testing has potential to produce more probative results than DNA testing methods to which evidence was previously subjected. Defendant's conclusory allegation as to value of Y-STR in resolving mixed samples is itself insufficient for relief under Section 116-3. Evidence at trial, including DNA test results which produced a match of Defendant and semen on pants of rape victim, together with compelling circumstantial evidence, confirms that Y-STR testing lacks potential to produce new, noncumulative evidence in support of Defendant's assertion of actual innocence. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)