Illinois Supreme Court PLAs
Criminal Court
Post-Conviction Petition
This case presents question as to whether trial court properly denied defendant’s motion seeking leave to file successive post-conviction petition, where defendant asserted claim of actual innocence on murder charge, and where defendant attached three affidavits that asserted that state’s witness was actual murderer. Appellate Court, in affirming trial court’s order, found that outcome of defendant’s trial would not have been different because affiants did not personally witness murder or disposal of victim’s body and could only provide circumstantial evidence that would, at best, only challenge sufficiency of evidence to convict defendant. Ct. further noted that there was strong evidence of defendant’s guilt presented at trial.