People v. Lofton 

Defendant was convicted, following second jury trial, of first degree murder. Defendant made substantial showing of a constitutional violation and is entitled to third-stage evidentiary hearing on his claim of actual innocence. Defendant's claim of actual innocence is based on affidavit of person purporting to be the actual shooter stating that Defendant was not at the scene, consistent with Defendant's contention since his arrest; claim is not subject to cause-and-prejudice test. Defendant made a substantial showing that evidence was newly discovered, and that evidence would probably change the retrial and affiant's credibility must be determined at evidentiary stage, not at dismissal stage. (LAVIN and SALONE, concurring.)