People v. Flournoy

This case presents question as to whether trial court properly denied defendant’s motion seeking leave to file successive post-conviction petition on grounds of actual innocence, where, according to defendant, his proposed newly discovered evidence of actual innocence also supported his claim that his trial counsel was ineffective. Appellate Court, in affirming trial court’s denial, held that defendant could not proceed on actual innocence claim, where evidentiary basis of which also supported his alternative ineffective assistance of counsel claim. In his petition for leave to appeal, defendant argued that Appellate Court’s ruling contradicts otherwise routine pleading standards that allow for parties to plead in alternative, and that his proposed actual innocence evidence, in form of witness recantation, was actually probative of his innocence.