People v. Henderson

Defendant was convicted, after bench trial, of first-degree murder and attempted first-degree murder, and sentenced to 80 years. Defendant presented sufficient evidence to support actual innocence claim based on newly discovered evidence, and thus sufficient to advance to second-stage proceeding of postconviction proceeding. Affidavit of victim of attempted murder, suggesting that Defendant did not shoot either victim, was newly discovered, material and noncumulative, and so conclusive as to probably change result on retrial. (SCHOSTOK and BIRKETT, concurring.)