Defendant was convicted, after jury trial, of 1st degree murder. Affidavit of witness, offered in support of Defendant's claim of actual innocence, was newly discovered, material, and noncumulative. As witness did not speak with anyone about the shooting under 8 years after trial, Defendant's failure to discovery this witness's information prior to trial was not due to a lack of diligence. This witness's assertion that Defendant was not one of the 3 people in the car at time of shooting is relevant and supports his claim that he is innocent. Court applied the wrong standard when concluding that proposed new evidence must provide complete vindication and total exoneration for an actual innocence claim. Remanded for a new 3rd-stage evidentiary hearing. (HYMAN, concurring; PIERCE, dissenting.)
Illinois Appellate Court
Criminal Court
Post-Conviction Petitions