People v. Class

Defendant was convicted of first-degree murder with a firearm and aggravated discharge of a firearm and sentenced to 45 years in prison. Defendant appealed from the dismissal of his successive petition for post-conviction relief in which he advanced a claim of actual innocence. The appellate court reversed and remanded, finding that defendant’s petition made a substantial showing of actual innocence that entitled him to a third-stage evidentiary hearing and noting that questions regarding the credibility of witnesses were not properly resolved at the second stage of proceedings. (C.A. WALKER and TAILOR, concurring)