Defendant was convicted, after jury trial, of 1st degree murder and aggravated discharge of a firearm. Defendant's pro se postconviction petition claims actual innocence based on affidavits of 2 newly discovered witnesses who identified another person as the person who shot and killed victim. State concedes that affidavits are material and noncumulative. The 2 new eyewitnesses did not previously admit to witnessing the shooting, and it is unlikely that Defendant or others would have observed or noticed them, and they insured their anonymity by immediately fleeing the scene. Thus, Defendant has satisfied the low bar at this stage for newly discovered evidence. Court erred in denying Defendant't motion for leave to file successive postconviction petition. (McBRIDE and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions