People v. Joiner

This case presents question as to whether trial court properly dismissed at first stage of proceedings defendant’s petition for post-conviction relief, where, according to defendant, trial court had failed to rule on said petition within 90 days of when petition had been filed and docketed, and where defendant asserted that his petition sufficiently alleged Brady violation, as well as ineffective assistance of counsel and actual innocence claims. Appellate Court, in affirming trial court, held that trial court entered dismissal order within 90 days of filing and docketing of said petition, where ruling came within 90 days of defendant’s payment of docketing fee. Also, trial court properly dismissed alleged Brady violation, where defendant failed to allege facts to support claim that State had offered two witnesses favorable deals in exchange for their testimonies. Appellate Court further found that: (1) defendant’s ineffective assistance of counsel claim was properly dismissed, where defendant’s allegations of counsel’s shortcomings would not have altered outcome of trial: and (2) dismissal of defendant’s actual innocence claim was proper where proposed new evidence would not have altered outcome of trial.