Defendant was convicted of first-degree murder and, after his initial conviction was reversed on appeal, was found guilty in a subsequent re-trial and was sentenced to 50 years in prison. The defendant brought a post-conviction petition alleging inadequate assistance of trial and appellate counsel and due process violations. He also asserted actual innocence based on newly-discovered evidence. The trial court dismissed his petition at the second stage and defendant appealed. The appellate court affirmed, finding that defendant failed to show that he was denied due process, that defendant was not prejudiced by his trial counsel's alleged deficiencies, and that the actual innocence claim failed because it was not based on newly discovered evidence and that the evidence of defendant’s guilt was overwhelming. (KENNEDY and MULLEN, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act