People v. Bailey

Defendant was convicted, after jury trial, of multiple counts of criminal sexual abuse of his 2 minor neices. Court properly allowed State to respond to Defendant's motion for leave to file successive postconviction. Under Section 122-1(f) of Post-Conviction Hearing Act, and general rule that parties are permitted to respond to motions filed by opposing parties, response was properly allowed. Court properly denied Defendant's motion, as it failed to state a colorable claim of actual innocence. Affidavit submitted with petition was not of such a conclusive character that it would probably change result on retrial, as affidavit contained only impeachment evidence.(WRIGHT, concurring; McDADE, dissenting.)