After hearing, at which court allowed State to make arguments, court denied Defendant's 2nd motion for leave to file a successive postconviction petition and its supplement. After hearing, during which court allowed State to argue, court denied Defendant's motion to reconsider. An appellate court may choose for the sake of judicial economy to review a circuit court's denial fo a motion for leave to file a successive postconviction petition when State has been involved. Defendant failed to make a prima facie showing of the cause element, as he could have raised his perjury claim on his initial postconviction petition, and previously raised arguments as to request for DNA testing and his counsel's preventing him from testifying. (HOLDER WHITE was convicted, after jury trial, of and STEIGMANN, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions