Defendant was convicted, after jury trial, of 1st degree murder, aggravated kidnapping, and attempted armed robbery on a theory of accountability, and sentenced to 28 years and 14 years, to run concurrently. The victim had, the night before, won several thousand dollars in a game of dice he had been playing with Defendant and others. Court erred in dismissing Defendant's motion for leave to file a 2nd successive postconviction petition. Court did not follow the procedure set forth under the Post-Conviction Hearing Act. Circuit court must render a determination based on whether each individual claim contained within the petition meets the cause-and-prejudice test. Court failed to render a determination based on whether Defendant's polygraph examination claim met the cause-and-prejudice test, and without such determination, the successive petition cannot be deemed "filed" under the Act. Court erred when it advanced petition in its entirety to 2nd stage proceedings without making a cause-and-prejudice determination. (LAMPKIN and MARTIN, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions