This case presents question as to whether trial court properly denied defendant's motion to file second successive post-conviction petition, alleging that he was actually innocent of murder and aggravated battery charges based on affirmative defense of involuntary intoxication. Appellate Court, in affirming instant dismissal, found that allegations in defendant's motion did not show that alleged side effects of defendant's medication at time of offense rendered him intoxicated to degree that he lacked substantial capacity either to appreciate criminality of his conduct or to conform his conduct to requirement of law. Appellate Court further found that instant intoxication defense would not qualify as "newly discovered" for purposes of actual innocence claim, where facts comprising of defense were known to defendant at time of trial. (Dissent filed.)
Illinois Supreme Court PLAs
Criminal Court
Post-Conviction Petition