People v. Mitchell

Defendant was convicted, after jury trial, of murder and aggravated battery. Defendant filed successive postconviction petition, which included 2006 report of special prosecutors as to pattern of criminal conduct by police toward suspects at Area 2 police station. Court improperly dismissed petition claims in which Defendant presented new evidence that crucial testimony, which led trial court to admit testimony that Defendant confession at Area 2 police headquarters, came from police officer who committed perjury in similar cases. Ineffective assistance of counsel by failure to raise trial counsel's failure to interview eyewitness who, in affidavit, swore that Defendant did not shoot victims. (MURPHY and SALONE, specially concurring.)