Illinois Appellate Court
Criminal Court
Postconviction Petitions
In 1993, Defendant pled guilty to first degree murder under fully negotiated plea; murder occurred while Defendant and victim were inmates at Stateville. Defendant filed several a second petition for postconviction relief from judgment on grounds on actual innocence, and ineffective assistance of counsel because a prison gang leader hired his attorney, and with claimed new evidence of innocence as to conduct of prison guard. Court erred in summarily dismissing Defendant's second postconviction petition, as Defendant's factual assertions in support of claim that his plea was coerced and involuntary are not baseless, and his guilty plea does not prohibit him from raising that claim or claim of actual innocence. (HOLDRIDGE, concurring; WRIGHT, specially concurring.)