Illinois Supreme Court PLAs
Criminal Court
Postconviction Petition
This case presents question as to whether trial court properly denied defendant's successive postconviction petition, even though defendant, who was convicted on armed robbery and home invasion charges, argued that newly discovered evidence in form of four affidavits from uncharged individuals, who identified themselves as perpetrators of instant charged offense and exonerated defendant, established his actual innocence? Appellate Court, in affirming denial, found that affidavits of two individuals did not constitute new evidence where said individuals testified at original trial, while affidavits of two other individuals were not material since information in said affidavits did not pertain to any issue regarding alleged misidentification of defendant as culprit. Moreover, trial court could properly view instant four individuals as incredible. In his petition for leave to appeal, defendant argued that dismissal was improper where said individuals admitted their guilty and exculpated defendant under circumstances where defendant's conviction was based on impeached eyewitness testimony.