People v. Simms

Defendant was convicted, after separate but simultaneous jury trials with 2 codefendants, of 1st degree murder, armed robbery, and home invasion. Defendant claims actual innocence based on affidavit from one codefendant purporting to state that Defendant was not involved in the crime. State's theory was that Defendant was guilty of murder by accountability. Affidavit is not of such conclusive character as would probably change the result on retrial. Thus Defendant failed to carry his burden to make a substantial showing of a claim of actual innocence. Thus, court did not err in denying Defendant's motion for leave to file a successive postconviction petition.(COBBS, concurring; ELLIS, dissenting.)