People v. McCoy

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2023 IL App (1st) 220148
Decision Date: 
Thursday, February 2, 2023
District: 
1st Dist.
Division/County: 
4th Div./Cook Co.
Holding: 
Reversed and remanded with instructions.
Justice: 
HOFFMAN

Defendant appealed from the second-stage dismissal of his successive petition for post-conviction relief filed under the Post-Conviction Hearing Act. Defendant had raised four grounds for relief, including a claim of actual innocence based on newly discovered evidence in the form of an affidavit from a co-defendant stating that defendant was not involved in the crime that led to his convictions. The appellate court reversed and remanded for third-stage proceedings, finding that the defendant made a substantial showing of actual evidence. (ROCHFORD and MARTIN, concurring)