People v. Smith

Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Citation
Case Number: 
2024 IL App (2d) 230539
Decision Date: 
Tuesday, December 3, 2024
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Defendant was convicted of first-degree murder and, after his initial conviction was reversed on appeal, was found guilty in a subsequent re-trial and was sentenced to 50 years in prison. The defendant brought a post-conviction petition alleging inadequate assistance of trial and appellate counsel and due process violations. He also asserted actual innocence based on newly-discovered evidence. The trial court dismissed his petition at the second stage and defendant appealed. The appellate court affirmed, finding that defendant failed to show that he was denied due process, that defendant was not prejudiced by his trial counsel's alleged deficiencies, and that the actual innocence claim failed because it was not based on newly discovered evidence and that the evidence of defendant’s guilt was overwhelming. (KENNEDY and MULLEN, concurring)