People v. Brown

This case presents question as to whether trial court properly denied plaintiff’s motion seeking leave to file successive pro se post-conviction petition challenging his murder conviction, even though defendant asserted that he set forth colorable claim of actual innocence based on affidavits indicating that someone else was actual shooter. Appellate Court, in affirming trial court’s denial of defendant’s motion, held that instant affidavits did not raise probability that it was more likely than not that no reasonable juror would have found defendant guilty of murder. Ct. further rejected defendant’s claim that trial court was required to take all allegations in his post-conviction petition as true, and that trial court was required to grant motion to file successive post-conviction petition because he had presented some evidence in affidavits tending to show that he was innocent of crime. Moreover, Appellate Court found that it was required to consider character of defendant’s proposed evidence and noted that defendant failed to meet required showing to grant filing of successive post-conviction proceeding since: (1) proffered evidence came from two affiants who did not see actual shooting and whose statements came long after offense at issue had occurred; and (2) proffered evidence was directly rebutted by evidence submitted at trial. (Dissent filed.)