People v. Del Prete

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2017 IL App (3d) 160535
Decision Date: 
Wednesday, November 8, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE

Court's order granting successive postconviction petition filed by Defendant was proper. Defendant was convicted, after bench trial, of 1st-degree murder of 3 -1/2 month old infant for whom she was caring in day care.Testimony of forensic pathologist in federal habeas corpus proceedings and at evidentiary hearing was material evidence for Brady purposes, because it could reasonably be taken to put case in such a different light as to undermine confidence in verdict. This testimony contradicted pediatrician's testimony that infant's injuries could only have been caused by forces like shaking. (LYTTON and McDADE, concurring.)