Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant was convicted, after jury trial, of first degree murder and aggravated criminal sexual assault in death of his six-month-old daughter. Court properly dismissed Defendant's second successive postconviction petition, as it failed to state a claim of actual innocence. Private investigator's memorandum of interview with cellmate witness may suggest reasonable doubt argument but cannot overcome other evidence of guilt to exonerate Defendant. Additional information obtained through FOIA request may be additional supporting claim, but does not make the claim new. (APPLETON and KNECHT, concurring.)