Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Defendant was convicted of first degree murder. Although majority of issues raised in postconviction petition were previously raised and decided, res judicata does not bar postconviction claim because petition presents arguable claim that counsel was ineffective in failing to present witness' testimony as to Defendant's actions prior to shooting. Thus, court improperly entered summary dismissal of petition.
(HYMAN and PIERCE, concurring.)