People v. Sanders

(Court opinion corrected 7/17/14.) Defendant was convicted, after jury trial, of first degree murder and aggravated kidnapping. Court properly granted second successive postconviction petition, as Defendant failed to make substantial showing of actual innocence. Defendant presented witness's testimony from evidentiary hearing in a related proceeding, and another person's affidavit, both of which indicated a person other than Defendant acted alone to kidnap and kill victim. However, Defendant is estopped from relying on testimony given at other hearing while simultaneously claiming that court may not also consider conclusion reached at that proceeding as to reliability of evidence. Affidavit is not of such conclusive nature that it would likely change result on retrial. (HOWSE and FITZGERALD SMITH, concurring.)