Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
(Court opinion corrected 3/22/18.) Court properly denied Defendant leave to file 2nd successive postconviction petition, which made claim of actual innocence.Affidavits as to proposed testimony of Defendant's cousins is immaterial, as testimony is irrelevant, cumulative, and not probative of Defendant's innocence under accountability theory. Supreme Court Rule 651 applies to counsel appointed or retained after a pro se petition, but not to counsel that was privately retained by the prisoner to file the initial petition. Trial counsel's failure to call certain witnesses at trial was not an error that so infected entire trial that resulting conviction violates due process.(NEVILLE, concurring; HYMAN, specially concurring.)