People v. Munoz 

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
No. 1-08-3571
Decision Date: 
Wednesday, December 22, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
MURPHY
After jury trial in 1986, Defendant was convicted of first degree murder and attempted murder. Defendant presented evidence of actual innocence to support further proceedings undet the Post-Conviction Hearing Act, as Defendant alleged the gist of an actual innocence claim by newly discovered evidence through the affidavit of an eyewitness to the shooting. Defendant satisfied cause and prejudice test, as he provided State's discovery disclosures which do not mention any eyewitness to the shooting; and Defendant points out weaknesses in State's witness' testimony that a second eyewitness could overcome if the trier of fact found the second witness more credible; and Defendant described his attempts to seek mandamus to obtain grand jury transcripts and police reports. (NEVILLE and STEELE, concurring.)