After bench trial, Defendant, age 17 at time of offense, was convicted of murder. Defendant's mandatory life-without-parole sentence, which was imposed on Defendant for conduct he committed when he was 17; and remanded for resentencing. Court's order denying Defendant leave to file successive postconviction petition is reversed, as Defendant established a colorable claim of actual innocence. Court had dismissed Defendant's initial postconviction, because counsel failed to submit 4 affidavits in support of his actual-innocence claim. Defendant could not submit affidavits on his own, and he was barred from challenging his postconviction counsel's effectiveness at a successive postconviction petition. Deficient performance of postconviction counsel may constitute "cause", and should also excuse failure to present new evidence in an earlier postconviction petition under these facts.(GORDON, specially concurring; McBRIDE, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions