Defendant was convicted, after jury trial, of 1st degree murder. Court erred in its 2nd-stage dismissal of actual innocence claim, but court properly entered 3rd-stage denial of ineffective assistance claim, in amended postconviction petition. Hearsay affidavits of 2 witnesses were material and noncumulative, and were newly discovered, and were admissible under Rule 1101(b)(3) and must be taken as true when determining whether to advance petition to a 3rd-stage hearing. Defendant made a substantial showing of actual innocence sufficient to advance petition to a 3rd-stage evidentiary hearing. Counsel made determination to not call alibi witnesses as a matter of trial strategy, and no prejudice from failure of alibi witnesses to testify. (REYES and LAMPKIN, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel