People v. Tate

Defendant was convicted of murder after bench trial; four eyewitnesses testified identifying him as the shooter. Defendant alleged ineffective assistance of counsel for failing to investigate and call two alibi witnesses and two occurrence witnesses whose affidavits were attached to his postconviction petition, in which he also claimed actual innocence. First-stage postconviction petitions alleging ineffective assistance of counsel are judged by a lower pleading standard than are second-stage petitions. Affidavits attached to Defendant's petition are sufficient to advance to second stage, as they meet the "arguable" test, that petition may not be summarily dismissed if it is arguable that counsel's performance fell below objective standard of reasonableness and it is arguable that Defendant was prejudiced. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)