People v. Horton

Defendant was convicted, after 2010 jury trial, of 1^st degree murder. Court properly denied Defendant’s pro se motion for leave to file 2^nd successive postconviction petition. Defendant failed to present noncumulative evidence in support of his claim of actual innocence; and his proposed new evidence is not conclusive. A claim of 2^nd-degree murder does not constitute a claim of actual innocence because “actual innocence” requires that a defendant be free of liability both for the crime of conviction and for any related offenses. Petition and affidavit failed to present a colorable claim of actual innocence based on self-defense. (PIERCE, concurring; HYMAN, dissenting.)