People v. Davis

Defendant was convicted of 1983 murder of three-year-old girl. Defendant is entitled to new trial, as DNA evidence, which was not available at time of trial, would probably change result upon retrial, as DNA evidence excluded Defendant as donor of blood and semen evidence tested. Defendant met all due-diligence requirements for filing Section 2-1401 petition for relief from judgment. New evidence need not be completely dispositive of an issue to be likely to change result upon retrial; it need only be conclusive enough to probably change result upon retrial. (TURNER and APPLETON, concurring.)