Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant was convicted of 1st-degree murder and sentenced to 44 years. Eight years later, Defendant filed a pro se motion for leave to file successive postconviction petition alleging 2 claims of actual innocence based on newly discovered evidence. Court properly denied that motion and later motion to reconsider. Affidavit offered by Defendant is neither a recantation of trial testimony nor admission of guilt on the part of the culpable party. Affidavit does not raise probability that it is more likely than not that no reasonable juror would have convicted Defendant. (REYES, concurring; GORDON, dissenting.)