Defendant was convicted, after jury trial, of 1st degree murder and home invasion. Court properly dismissed Defendant's postconviction petition at the 2nd stage. Postconviction counsel engaged in communication with Defendant sufficient to satisfy Rule 651(c), keeping Defendant apprised of status and requested missing affidavits to allow for a full investigation. Statements in witness' affidavit are positively rebutted by the record; and affiant never states that he was willing to testify as to his recanted statement. This and another witness' affidavit are not of such conclusive character as would probably change result on retrial. Defendant's claim of actual innocence was properly dismissed at 2nd stage.Defendant failed to show prejudice by trial counsel's failure to object to ASA's rebuttal testimony such that result of trial would have been different; and he cannot show prejudice based on appellate counsel's failure to raise a nonmeritorious issue. (HOWSE and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Post-Conviction Petitions