Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Defendant was found guilty of attempted first-degree murder, aggravated battery with a firearm, and possession of a stolen weapon by a felon and sentenced to 33 years in prison. Defendant filed a post-conviction petition arguing actual innocence based on affidavits from newly discovered witnesses. The trial court denied the petition after a third-stage evidentiary hearing and defendant appealed. The appellate court affirmed, finding that the trial court’s decision was not manifestly erroneous after considering the evidence presented at trial and the evidence contained in defendants post-conviction petition. (CAVANAGH and LANNERD, concurring)