People v. Brown

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2017 IL App (1st) 150132
Decision Date: 
Thursday, November 16, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE

Defendant was convicted of 1st-degree murder. Court properly denied Defendant leave to file a successive pro se postconviction petition. Defendant has not asserted a colorable claim of actual innocence, as affidavits filed by Defendant do not raise the probability that it is more likely than not that no reasonable juror would have found Defendant guilty. Affidavits are not from eyewitnesses to the offense, and thus they do not directly contradict prior statements of State's 2 eyewitnesses. (BURKE, concurring; ELLIS, dissenting.)