People v. Terry

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2016 IL App (1st) 140555
Decision Date: 
Wednesday, June 22, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN

Court properly denied Defendant's motion for leave to file a successive postconviction petition. Defendant alleged that he met cause requirement as 2006 Report of Special State's Attorney, corroborating his claims of physical coercion by police officers, was not available to him at time of filing of petition or trial. Defendant failed to meet cause prong, as he failed to identify an objective factor that impeded his efforts to raise issue of coerced statement in earlier proceeding, and he could have but did not raise that claim on direct appeal or in his first postconviction proceeding.(MASON and PUCINSKI, concurring.)