In postconviction proceeding, Defendant filed petition before Torture Inquiry and Relief Commission, claiming that he had been tortured into confessing to the murder of his stepmother in 1989, a crime for which he was convicted. Commission determined that sufficient evidence existed to warrant judicial review pursuant to the Act. After evidentiary hearing, circuit court found there was no credible evidence that Defendant was entitled to any relief on his torture claim and thus denied Defendant petition. Findings of Commission are not entitled to any preclusive effect before the circuit court. Commission's decision is not the type of decision to which collateral estoppel applies. Required elements of collateral estoppel were not satisfied. Law of the case doctrine is inapplicable. (REYES and LAMPKIN, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions