People v. Mabrey

Defendant was convicted, after jury trial, of 1st degree murder in relation to shooting death. Defendant claimed, in motion to suppress his confession at trial, that his confession was obtained through coercive police tactics, and this acts as res judicata bar to his present coerced confession claim raised in postconviction petition. The only allegation that is "new" is not newly discovered, and is thus barred by res judicata. Thus, court properly held that Defendant failed to present any new evidence to allow for reconsideration of whether his confession had been coerced. (BURKE, concurring; ELLIS, dissenting.)