People v. Bolden

(Modified upon denial of rehearing 8/6/14.) Defendant was convicted, after jury trial, of two murders. Court dismissed Defendant's two postconviction petitions without evidentiary hearing. Defendant made a substantial showing that his trial counsel committed unprofessional errors by failing to move to dismiss indictment after police destroyed evidence that defense counsel requested in discovery, and in failing to contact alibi witness. As State's case was based solely on identification testimony of a single witness who did not know Defendant, and whose initial description of shooter did not closely match Defendant's appearance, Defendant substantially showed that he suffered prejudice due to trial counsel's errors. (PUCINSKI and MASON, concurring.)