Defendant appealed from a trial court order denying him leave to file a successive post-conviction petition arguing that case law decided after the resolution of his initial petition created good cause for a successive petition and because evidence to secure his conviction was obtained as a result of an unconstitutional arrest. The appellate court affirmed, rejecting defendant’s argument and case law finding that a warrantless arrest made pursuant to an investigative alert violates the search and seizure clause of the Illinois Constitution and, as a result, defendant could not establish that he was prejudiced and the trial court did not err when it denied his petition for leave to file a successive petition. (ROCHFORD and MARTIN, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act