(Modified upon denial of rehearing 10/3/16.) Court erred in making credibility determination as to affidavit of a person who was also charged, along with defendant, with first-degree murder in 1998 shooting death, at 2nd stage of post-conviction review and based on its consideration of materials outside the record in Defendant's case. However, because that affidavit would not change result on retrial, Defendant did not make substantial showing of actual innocence. Court properly dismissed post-conviction petition at 2nd stage. Post-conviction counsel's remark that factual basis for affiant's plea was "probably important" did not represent a concession of petition's merits, and was not unreasonable representation.(CUNNINGHAM and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Post-Conviction Petitions