People v. Brown

Where evidence supported, and trial court gave, a self-defense instruction, court must give a second-degree-murder instruction if requested by Defendant. Evidence existed to support Defendant's version of events, and it is reasonably arguable that Defendant was prejudiced when second-degree murder instruction was not tendered. Thus, Defendant's postconviction petition presented the gist of a constitutional claim, and court erred in dismissing petition at first stage as frivolous and patently without merit. (KNECHT and TURNER, concurring.)