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PEOPLE v. WASHINGTON

No. 76651.

665 N.E.2d 1330 (1996)

171 Ill.2d 475

The PEOPLE of the State of Illinois, Appellant, v. Kurtis WASHINGTON, Appellee.

Supreme Court of Illinois.

Rehearing Denied June 3, 1996.

Attorney(s) appearing for the Case

Roland Burris, Attorney General, Springfield, and Jack O'Malley, State's Attorney, Chicago (Terence M. Madsen and Arleen C. Anderson, Assistant Attorneys General, Chicago, and Renee G. Goldfarb, Michael P. Golden and Theodore Fotios Burtzos, Assistant State's Attorneys, of counsel), for the People.

Joel T. Pelz, Ellen R. Kordik and Jacob I. Corre, of Jenner & Block, Chicago, for appellee.

Justice FREEMAN delivered the opinion of the court.

The question in this case is whether due process is implicated in a claim of innocence based upon new evidence so as to permit the claim to be raised in a petition under the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 1992)). We hold that it is.

BACKGROUND

In 1982, Kurtis Washington was sentenced to 25 years in prison for murdering Tony Hightie. Hightie had been murdered outside...

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