People v. Gallano

Illinois Appellate Court
Criminal Court
Witnesses
Citation
Case Number: 
2019 IL App (1st) 160570
Decision Date: 
Friday, December 13, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
HARRIS

Court dismissed Defendant’s postconviction petition. Defendant argues that postconviction counsel failed to comply with Rule 651(c ) by failing to amend his petition to include notarized affidavits from 2 potential witnesses. Pro se allegations in petition that were supported by 2 witnesses’ unnotarized affidavits were not meritorious claims. Contention as to exclusion of one witness’ testimony is barred by res judicata. As to the other witness’ testimony, Defendant could have raised claim of intimidation based on the new affidavit and forfeited the issue, and that claim has no basis in law or fact.   (CUNNINGHAM and CONNORS, concurring.)