People v. Harper

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2013 IL App (1st) 102181
Decision Date: 
Friday, March 29, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Reversed and remanded.
Justice: 
CUNNINGHAM
Defendant's third successive postconviction petition should advance for third-stage evidentiary hearing, as he made a substantial showing of a claim of actual innocence. Affidavits and transcripts could be considered exculpatory and support actual innocence claim, and were material to issue of police coercion; and newly discovered evidence was material and noncumulative. (ROCHFORD and DELORT, concurring.)