Defendant was convicted, after jury trial, of first-degree murder, under accountability theory. Defendant, age 17 at time of offense, drove a car to and from scene where 21-year-old member of gang allegedly shot and killed 15-year-old whom shooter believed associated with a rival gang. Court erred in third-stage denial of Defendant's postconviction petition. It is beyond reasonable dispute that Defendant made substantial showing of a constitutional violation, as State failed to disclose field notes of an investigating officer. If defense had been given access to notes prior to trial, it could have impeached officer on central issue of Defendant's foreknowledge of gun used in the offense. Defendant's knowledge of the gun was critical to State's shared-intent theory of accountability.(McLAREN and BIRKETT, concurring.)
Illinois Appellate Court
Criminal Court
Accountability Theory