People v. Carter

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2017 IL App (1st) 151297
Decision Date: 
Thursday, December 28, 2017
District: 
1st Dist.
Division/County: 
Cook Co.,4th Div.
Holding: 
Affirmed.
Justice: 
GORDON

Defendant was convicted, after bench trial, of 2 counts of 1st-degree murder, 1 count of attempted murder, and 1 count of aggravated discharge of a firearm. Court properly dismissed Defendant's postconviction petition at 3rd stage. Court's ruling, which was based almost exclusively on a credibility determination, was not arbitrary or unreasonable. Court's finding that Defendant's 2 friends, who observed shooting but did not come forward until many years after Defendant's conviction, were not credible, was not against manifest weight of evidence. (McBRIDE and ELLIS, concurring.)