People v. Bailey

Illinois Supreme Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2017 IL 121450
Decision Date: 
Thursday, October 5, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Circuit court affirmed.
Justice: 
BURKE

Section 122-1(f) of Post-Conviction Hearing Act permits a defendant to file a successive postconviction petition only if the defendant can demonstrate cause and prejudice, by alleging facts to explain why claims being asserted could not have been raised in initial postconviction petition. Whether this prima facie showing has been made is a question of law to be independently determined by the circuit court. Defendant failed to show cause and prejudice for not raising his claims, including his claim of actual innocence. (KARMEIER, FREEMAN, THOMAS, KILBRIDE, GARMAN, and THEIS, concurring.)