People v. Edwards

Defendant, age 15 at time of incident, was convicted of first degree murder on accountability theory. Defendant filed third and fouth successive postconviction petitions, claiming actual innocence based on newly discovery evidence. Affidavits of two persons who stated that Defendant was at their home at time of incident was not "new" as Defendant had always known about it, and no explanation as to why witnesses had not been subpoenaed. Affidavit of co-defendant that Defendant had nothing to do with shooting did not state he was not present, did not exonerate him, given his conviction on accountability theory. Thus, Defendant did not make colorable claim of actual innocence, as his documentation is insufficient for further proceedings. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)