People v. Hood

(Court opinion corrected 4/27/21.) Defendant and a co-defendant were convicted, after bench trial, of the 1993 armed robbery and murder of a college basketball star. Governor commuted Defendant's sentence in 2015. State then nolle prosequi the charges against Defendant and co-defendant. Defendant's petition for certificate of innocence and attached exhibits met the pleadings requirements to state a claim for issuance of a certificate of innocence. Defendant testified that he did not kill or rob the victim, and established a prima facie case that he was entitled to a certificate of innocence. With no contrary evidence presented at hearing, and with State refusing to participate, circuit court was not free to disregard Defendant's testimony. Circuit court erred in failing to limit its consideration to the testimony, pleadings, and exhibits filed in this section 2-702 proceeding. Preponderance of evidence established that Defendant more likely than not did not commit the offenses underlying his petition.Remanded for issuance of a certificate of innocence. (WALKER and COGHLAN, concurring.)