Defendant was found guilty of first-degree murder of two victims and was sentenced to a mandatory natural life sentence. Defendant sought leave to file a successive post-conviction petition to raise a claim that the State violated Brady by failing to disclose evidence relevant to his defense. The trial court denied the motion and the appellate court affirmed. The Supreme Court also affirmed, finding that defendant could not establish cause for filing a successive post-conviction petitioner where the issue was not raised in his motion for leave to file a successive post-conviction petition and where it was previously raised in his initial post-conviction petition. (THEIS, NEVILLE, HOLDER WHITE, CUNNINGHAM, and O’BRIEN, concurring. ROCHFORD took no part.)
Illinois Supreme Court
Criminal Court
Post-Conviction Hearing Act