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PEOPLE v. SPEARS

No. 1-05-3600.

864 N.E.2d 758 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sherman SPEARS, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied March 22, 2007.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender, Christopher M. Smith, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, James E. Fitzgerald, Alan J. Spellberg, Assistant State's Attorneys, Chicago, for Appellee.

Presiding Justice THEIS delivered the opinion of the court:

Defendant Sherman Spears appeals from the trial court's order denying him leave to file his second petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2004)) because he failed to establish cause for his failure to raise his claims in his initial postconviction proceeding and prejudice resulting from that failure. On appeal, defendant makes two new arguments...

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