People v. Calhoun

Defendant was convicted, after 2005 bench trial, of 1st degree murder and sentenced to 40 years. Court properly denied Defendant leave to file 2nd successive pro se postconviction petition. Court already considered and rejected sufficiency of 2 affidavits in connection with Defendant's first successive petition, and thus they cannot be "newly discovered." Other affidavit cannot support actual innocence claim, but raises sufficiency of evidence argument; affiant's "doubts" about his identification of Defendant do not support freestanding claim of actual innocence. Defendant cannot satisfy cause and prejudice test.(PIERCE, concurring; HYMAN, dissenting.)