People v. Ross

(Court opinion corrected 4/7/14.) Defendant was convicted, after bench trial, of being armed habitual criminal. Court properly entered summary dismissal of his pro se postconviction petition at first stage. Affidavit of son, that he placed handgun in car Defendant had been driving, is not newly-discovered evidence that could not have been discovered earlier with due diligence; Defendant was aware of it based on his friend's testimony at trial. The affidavit, which was signed but not notarized, was available during trial and was presented to trial court in posttrial motion, but court would not consider it as it was not notarized. Decision whether to call son at trial was a strategic decision, not ineffective assistance of trial counsel. (McBRIDE and PALMER, concurring.)