People v. McDonald

Defendant was convicted of first degree murder, two counts of aggravated battery with a firearm, aggravated discharge of a firearm, and unlawful use of a weapon by a felon, in shooting death of one person and the wounding of two others. Court denied Defendant leave to file a second successive postconviction petition and dismissed his Section 2-1401 petition. Prison affidavit of witness that he was lying during Defendant's trial is not "newly discovered evidence" as defense counsel vigorously cross-examined witness at trial, raising inferences which called witness' credibility into question. Defendant failed to establish cause and prejudice, and he did not allege that State knowingly used perjured testimony at trial. Late filing of Section 2-1401 not excused by alleged concealment of false testimony by witness, as no showing that State concealed witness' statement. (SCHMIDT and McDADE, concurring.)