(Court opinion corrected 1/31/17.) Defendant was convicted, after 1999 jury trial, of 1st degree murder and attempted murder. Court properly dismissed Defendant's amended postconviction petition asserting claims of actual innocence and a Brady violation. Defendant did not satisfy standard of actual evidence, as the evidence he offered is only evidence of detective's misconduct in other cases. Defendant offered no evidence that any witness against him was improperly influenced by that detective. Even if information about detective's misconduct in other cases would have been useful for impeachment at trial, and even if State should have disclosed it, it is not of such conclusive character that it would have change result in this case. (MASON, concurring; HYMAN, dissenting.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions