People v. Perry

Defendant was convicted, after jury trial, of 1^st degree murder in shooting death. Court erred in dismissing Defendant’s successive postconviction petition at 2d stage. Defendant’s postconviction counsel rendered unreasonable assistance by withdrawing a supporting affidavit over Defendant’s objection, and substituted Defendant’s self-serving affidavit, but did not stand on petition or move to withdraw. Defense counsel’s actions were affirmative actions that damages Defendant’s claims. Defendant’s claim of actual innocence could not stand without the supporting affidavit. (BURKE and GORDON, concurring.)