Illinois Appellate Court
Criminal Court
Postconviction Petitions
For purposes of Section 3-3 of Criminal Code, "knowledge" or "known to the proper prosecuting officer" means conscious awareness of evidence that is sufficient to give the State a reasonable chance to secure a conviction. When the State has that awareness is determined on a case-by-case basis. What the State knew and when are factual determinations which should not be done during first stage of postconviction review. (HUTCHINSON and SCHOSTOK, concurring.)