(Court opinion corrected 8/26/19.) Defendant, age 16 at time of incident, was convicted,after jury trial, of 1st degree murder and 3 counts of aggravated battery with a firearm.Court erred in dismissing Defendant's amended successive postconviction petition at the 2nd stage. Defendant established cause and prejudice for his claim that his trial counsel was ineffective for failing to investigate and present a particular witness at trial. In that witness' affidavit attached to Defendant's successive petition, he stated that he was at the shooting, that Defendant was not a shooter, and that he came forward in 2014, after Defendant filed his direct appeal and initial postconviction petition. Thus, Defendant could not have raised his claim in these earlier proceedings. Witness would have provided exculpatory evidence that would have contradicted 2 other witnesses' biased identification testimony as rival gang members. (HYMAN, specially concurring; MASON, dissenting.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel