Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant was convicted, in 2004 jury trial, of first degree murder and armed robbery. Defendant did not set forth evidence of such conclusive character that it would probably change the result on retrial, as is required to allow leave to file a successive petition on basis of actual innocence. Defendant did not satisfy independent "cause and prejudice" test for leave to file successive petition under Section 122-1(f); also, motion is barred by res judicata. Court properly denied Defendant's motion seeking leave to file a successive postconviction petition, as he did not establish his right to obtain leave to file it.(CONNORS and HARRIS, concurring.)