Illinois Supreme Court
People v. Ortiz
November 19, 2009919 N.E.2d 941
Summary
The Illinois Supreme Court held that a nondeath successive postconviction petition asserting actual innocence is not subject to the statutory cause-and-prejudice requirement. It further held that newly discovered eyewitness testimony from a previously unknown witness was not cumulative and was sufficiently conclusive to warrant a new trial. The court therefore affirmed the appellate court's judgment reversing the circuit court and remanding for a new trial.