Court denied Petitioner's petition for a certificate of innocence. State intervened in proceedings and did not object to proceedings, did not introduce any evidence to refute facts in petition, and did not oppose petition. Court held that Petitioner met his burden of establishing his innocence by a preponderance of the evidence and it was more likely true than not that he was actually innocent in murders. Court denied petition on ground that Petitioner did not establish that he did not voluntarily cause his conviction and because his claim did not involve any allegations of misconduct on behalf of State. Petitioner should not be deprived of his right to respond to evidence used as basis for finding that he caused his own conviction. Remanded for evidentiary hearing. (CONNORS and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Murder