Defendant, who was 17 years old at the time of the offense, was convicted of first-degree murder and sentenced to a total of 39 years in prison, including a 15-year firearm sentencing enhancement. Defendant appealed from the trial court’s dismissal of his post-conviction petition in which he alleged actual innocence, prosecutorial misconduct, a Brady violation, and ineffective assistance of trial counsel. The appellate court affirmed, finding that defendant’s actual innocence claim was frivolous and patently without merit despite being supported by an affidavit because the affidavit was rebutted by a surveillance video. The court similarly found that the remaining claims lacked merit and did not require an extended discussion. (C.A. WALKER and TAILOR, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act