People v. Pursley

(Court opinion corrected 2/7/11.) Court erred in denying Defendant's postconviction Section 116-3 motion for postconviction ballistics ("IBIS") testing as to evidence used in Defendant's murder trial. Even though ballistics evidence was not put into IBIS database at time of Defendant's trial, since that time the statute was amended to allow for use of IBIS testing if certain requirements were met, which were satisfied here. Even though defense expert had already performed a "hands-on analysis", if IBIS testing were done the "hands-on analysis" that potentially would be performed if a match resulted would not be the same analysis as that which had been previously done. (JORGENSEN and BIRKETT, concurring.)