People v. Cox

Defendant was convicted of murder and aggravated kidnapping on an accountability theory and was sentenced to a total of 41 years in prison. Defendant appealed from the trial court’s second denial of leave to file a successive post-conviction petition in which defendant asserted a claim of actual innocence based on the affidavits of two witnesses. The appellate court affirmed, finding that defendant’s arguments were either contradicted by evidence presented at trial or were ones that he could have made during trial. (HYMAN and TAILOR, concurring)