People v. Gillespie 

Defendant was convicted of first degree murder based on theory of accountability for his participation as a "lookout" in fatal shooting, by six masked men, in retaliation for murder of the brother of a gang member. Court properly denied Defendant leave to file successive petitions for postconviction relief. Affidavit of co-participant was not "newly discovered" evidence, as Defendant testified that he had told him about the murder minutes later, and affidavit does not exculpate Defendant. Defendant failed to establish prejudice from counsel's failure to call the co-participant as a witness, as he did not exculpate Defendant and his alibi directly conflicted with Defendant's testimony. No ineffective assistance of counsel, as counsel could reasonably have chosen not to call co-participant, who was an alleged street gang leader, as a trial witness for strategic reasons. (MURPHY and STEELE, concurring.)