People v. Miranda

Defendant appealed from the denial of his petition for leave to file a successive post-conviction petitioner, arguing that he presented a colorable claim of actual innocence and established cause and prejudice as to his claim of ineffective assistance of trial counsel. The appellate court initially affirmed, but the Supreme Court entered a supervisory order asking the court to consider the effect of People v. Robinson on the issue of the claim for actual innocence. After reconsideration, the appellate court concluded that Robinson did not change its initial conclusion that defendant failed to present a colorable claim of actual innocence and affirmed for a second time. (HYMAN and C.A. WALKER, concurring)