People v. Overton

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2023 IL App (4th) 230110
Decision Date: 
Friday, December 1, 2023
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Reversed and remanded.
Justice: 
STEIGMANN

Defendant was convicted of first-degree murder and sentenced to 90 years in prison. Defendant was granted leave to file a successive post-conviction petition, which was dismissed pursuant to the State’s motion and defendant appealed. The appellate court reversed and remanded, finding that the petition was dismissed on improper grounds at the second stage because the State was allowed to present new evidence to the court that the defendant was not allowed to rebut and remanded for third-stage proceedings. (TURNER and LANNERD, concurring)