People v. Harris

Defendant was convicted of two counts of first-degree murder and was sentenced to a mandatory term of life in prison. Defendant filed a petition for leave to file a successive post-conviction petition alleging newly discovered evidence establishing actual innocence. The circuit court denied the motion and the appellate court affirmed. The supreme court reversed, finding that defendant presented newly discovered evidence that could not have been discovered before trial and that the evidence made a colorable showing of actual innocence. The court remanded for second-stage post-conviction proceedings. (THEIS, NEVILLE, OVERSTREET, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)