People v. Wingate

Court properly dismissed Defendant's petition for postconviction relief at second stage of proceedings. Defendant was convicted of first-degree murder in shooting death of wife of long-time acquaintance in dispute over money Defendant owed him. Proffered impeachment testimony is not of such conclusive character that it would probably change result on retrial. Affidavit of alleged witness, claiming that Defendant acted in self-defense, does not meet criteria to be construed as "newly discovered" evidence, as Defendant did not meet his burden to show that there has been no lack of due diligence on his part. Even if proffered testimony could potentially reduce liability to second-degree murder, it would not support claim of actual innocence. (CATES and STEWART, concurring.)