Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant was convicted of attempted murder and aggravated battery with a firearm, and filed pro se postconviction petition in which he alleged he had newly discovered evidence of his actual innocent; and alleged that trial counsel and appellate counsel were ineffective (including claim that appellate counsel was ineffective for failing to raise on appeal her own ineffectiveness at sentencing). Court did not commit manifest error in rejecting Defendant's actual innocence claim based on finding that Defendant's testimony was incredible and would not have changed result at trial. Court properly dismissed defendant's claims of ineffective assistance of counsel. Postconviction counsel satisfied requirements of Rule 651(c), in that Defendant agreed to be jointly represented by father an son attorney, and those attorneys took all actions necessary under the Rule. (PUCINSKI and HYMAN, concurring.)