People v. Palmer

This case presents question as to whether trial court properly denied defendant’s petition for certificate of innocence after defendant had initially been convicted of murder and had served 18 years on his sentence, and after defendant’s conviction had been reversed on collateral appeal, where state had declined to re-try defendant on murder charge after defendant had presented new DNA evidence that established that he did not beat victim to death. Appellate Court, in affirming trial court, found that defendant had failed to show that he did not commit murder on accountability theory. In his petition for leave to appeal, defendant argued that Appellate Court could not affirm instant denial of innocence certificate based on accountability theory that had not been presented or pursued by govt. at his original trial.