People v. Moore

Defendant was convicted, after stipulated bench trial, of 1st degree murder of his estranged wife. Court summarily dismissed his pro se postconviction which alleged actual innocence based on newly discovered evidence. Defendant's recovered memory of events leading up to his wife's death did not constitute newly discovered evidence. Statements in petition do not establish the gist of a claim of self-defense. A defendant's claim of 2nd degree murder does not constitute a claim of actually innocence, as it does not completely exonerate Defendant of the offense in question and all related offenses. (McDADE and O'BRIEN, concurring.)