Defendant was convicted, after jury trial, of 1st degree murder and aggravated battery with a firearm for shooting death of his girlfriend, and the shooting and injury of her mother. Defendant raised actual innocence claim, but he did not produce any new evidence to show that he did not commit the physical elements of the offenses of which he was convicted. Defendant has never denied that he performed the acts that resulted in his convictions, but instead claims that he was involuntarily intoxicated due to the unwarned side effects of prescription medication and thus did not have the necessary mens rea. This claim does not fit within framework of a freestanding claim of actual innocence. Defendant would have to produce newly discovered evidence that would persuasively show that he lacked the substantial capacity to appreciate the criminality of his conduct or conform his conduct to the law, but he did not meet this standard. Court properly denied Defendant's motion for leave to file 2nd successive postconviction petition. (GARMAN, THEIS, NEVILLE, M. BURKE, and OVERSTREET, concurring.)
Illinois Supreme Court
Criminal Court
Postconviction Petitions