People v. Sanders

This case presents question as to whether trial court properly dismissed on state’s motion defendant’s successive petition for post-conviction relief, where defendant alleged existence of newly discovered evidence from third-party that would have established his actual innocence on his murder conviction. Appellate Court, in affirming dismissal, found that plaintiff’s proposed supportive testimony was not reliable, where trial court had previously heard same third-party make similar statements supporting defendant at prior related evidentiary hearing of co-defendant and found said third-party not to be credible. Ct. further rejected defendant’s claim that trial court could not rely on evidence considered at prior hearing when rejecting defendant’s claims in instant petition.