Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Defendant was convicted of first-degree murder and was sentenced to 57 years in prison. Defendant appealed from the second-stage dismissal of a claim of actual innocence in his successive post-conviction petition. The appellate court reversed and remanded for further proceedings, finding that the record did not establish that defendant received the reasonable assistance of counsel and that he was entitled to an evidentiary hearing on his actual innocence claim. (JORGENSEN, concurring and BIRKETT, concurring in part and dissenting in part)