People v. English

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2014 IL App (1st) 102732-B
Decision Date: 
Wednesday, June 18, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
(Modified upon denial of rehearing 7/30/14.) Defendant was convicted, after bench trial, of first-degree murder for 1995 and, after jury trial, for another first-degree murder. Court did not err in denying Defendant leave to file successive postconviction petition. Although court erred in considering results of evidentiary hearing in postconviction proceeding on a separate murder conviction to deny Defendant leave to file successive petition in this case, error was not reversible, as Defendant could not set forth a colorable claim of actual innocence, and affidavits of State's witnesses were not "newly discovered" evidence.(PUCINSKI and MASON, concurring.)