Defendant, who was found guilty of first-degree murder and armed robbery and was sentenced to life in prison, appealed from the denial of his motion for leave to file a successive post-conviction petition. Defendant alleged in the proposed petition that newly discovered evidence established actual innocence, that the State concealed and fabricated evidence, that the State used perjured testimony, and that he was denied the effective assistance of trial counsel. Defendant attached numerous documents, including affidavits to his petition. The appellate court affirmed, and the supreme court granted defendant’s petition for leave to appeal. The supreme court also affirmed the denial of defendant’s motion to file a post-conviction petition, explaining that defendant failed to present a colorable claim of actual innocence or demonstrate cause and prejudice as to his remaining constitutional claims. (THEIS, NEVILLE, OVERSTREET, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)
Illinois Supreme Court
Criminal Court
Post-Conviction Hearing Act