Defendant was convicted, after bench trial, of attempted 1st degree murder, aggravated battery with a firearm, and unlawful possession of a weapon by a felon. Court erred in dismissing Defendant's postconviction petition at 2nd stage, as Defendant's pleadings made a substantial showing of actual innocence. Taking allegations in a witness affidavit as true, the sole eyewitness to the shooting had motivation to falsely identify Defendant as the shooter, and is thus material to determination of Defendant's innocence.This affidavit directly calls eyewitness's identification into question, as affiant states that eyewitness had lied about shooting to obtain a favorable plea deal in his pending case. (LYTTON, concurring; SCHMIDT, specially concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions