People v. Brown

(Modified upon denial of rehearing 9/14/20.) Defendant was convicted of murder in 1996 shooting death of one person. No physical evidence connected him to the crime, but he was identified at a showup by 5 eyewitnesses. State's theory was that Defendant, a member of a street gang, mistakenly believed that victim was a member of a rival gang. Defendant has not met criteria to warrant a new trial based on his actual innocence claim. Considering evidence as a whole, it is not so conclusive it would likely change the result on retrial. Affidavit and recantation are new and noncumulative but were heavily impeached. (FITZGERALD SMITH and LAVIN, concurring.)