Defendant pled guilty to one count of first-degree murder and was sentenced to 35 years in prison. Defendant sought leave to file a successive post-conviction petition on the grounds that he was denied the effective assistance of counsel and that he was actually innocent. The trial court denied his motion and he appealed arguing that the trial court incorrectly found he was not permitted to pursue a claim of actual innocence after entering a guilty plea and he satisfied both the cause and prejudice requirements for a claim of ineffective assistance of counsel. The appellate court reversed, relying on Illinois Supreme Court precedent to conclude that defendant was not precluded from raising a claim of actual innocence based on newly discovered evidence and that defendant had presented a colorable claim of actual innocence. The court did not address defendant’s remaining claim and remanded for second-stage proceedings. (FITZGERALD SMITH and PUCINSKI, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act