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PEOPLE v. BROUGHTON

No. 1-01-2565.

799 N.E.2d 952 (2003)

344 Ill. App.3d 232

279 Ill.Dec. 149

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth BROUGHTON, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

October 31, 2003.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender, Chicago (Ann C. McCallister, Assistant Appellate Defender, of counsel), for Defendant-Appellant.

Richard A. Devine, State's Attorney, County of Cook, Chicago (Renee Goldfarb, Theodore F. Burtzos, Michele I. Lavin, Assistant State's Attorneys, of counsel), for Plaintiff-Appellee.

Justice SMITH delivered the opinion of the court:

Defendant Kenneth Broughton appeals from a Cook County circuit court order dismissing his postconviction petition without an evidentiary hearing. Defendant contends that an accomplice's affidavit constitutes newly discovered evidence of defendant's innocence; trial counsel failed to present the testimony of an available witness; and postconviction counsel failed to comply...

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