People v. White

Defendant was convicted, after bench trial, of first-degree murder. Defendant filed postconviction petition alleging actual innocence and denial of due process and effective assistance of counsel. Court erred in dismissing petition as frivolous and patently without merit. Petition, when liberally construed and taken as true as is required for initial postconviction petition, has arguable basis in fact and law. Evidence in affidavit, which states that Defendant did not shoot victim, is so conclusive that it would probably change result on retrial. (EPSTEIN and ELLIS, concurring.)