People v. Wrice

This case presents question as to whether trial court properly denied defendant's request seeking leave to file second successive post-conviction petition, where said petition alleged that his confession was product of torture perpetrated by police officers under control of Jon Burge, and where said petition cited to 2006 Report of Special State's Attorney that found beyond reasonable doubt that police officers under Burge's command had engaged in torture tactics. While defendant's torture claims had been rejected in prior post-conviction petition, Appellate Court, in reversing trial court and directing it to hold evidentiary hearing on defendant's second successive post-conviction petition, found that defendant had satisfied cause-and-prejudice test so as to permit filing of instant petition where Report supported defendant's claim that officers named by defendant had been involved in torture of suspects, and where use of coerced confession as substantive evidence of guilt prejudiced defendant because said use could never constitute harmless error.