Criminal procedure — postconviction petitions

Posted July 28, 2021 11:26 AM

Where a victim and eyewitness who was listed but unavailable as a prosecution witness at trial enters an affidavit exculpating the defendant, that affidavit constitutes new evidence and is sufficient to support a postconviction petition.The 1st District Appellate Court reversed and remanded a decision from Cook County Associate Judge Alfredo Maldonado.Cruse Caldwell and Maurice McDonald were both shot non-fatally by a young man. Caldwell fell into a coma and did not regain consciousness for over a month. Eddie Mastin, a …

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