People v. Navarro

Defendant was convicted of 1st degree murder, attempted murder, and aggravated discharge of a firearm. Evidence at trial showed that 2 eyewitnesses identified the same person (not the Defendant) as resembling the shooter in a photo array, before later identifying Defendant as the shooter in a photo array and lineup. Defendant did not present any evidence at trial. Illinois Supreme Court held,in 1990, that expert testimony on the issue of eyewitness identification was admissible in certain circumstances. Thus, the claim that defense counsel was ineffective for failing to offer expert testimony on the subject of eyewitness identification was available to Defendant at the time of direct appeal in 2007, and he should, and could, have raised the issue in that appeal. Defendant failed to establish cause for failure to raise his ineffective assistance of counsel claim earlier. THus, court properly denied Defendant leave to file 2nd successive postconviction petition. (HOFFMAN and ROCHFORD, concurring.)