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PEOPLE v. EVANS

Nos. 2-09-0159, 2-10-0153.

939 N.E.2d 1014 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Chad Q. EVANS, Defendant-Appellant. Chad Q. Evans, Petitioner-Appellant, v. The Department of State Police and The Lake County State's Attorney, Respondents-Appellees.

Appellate Court of Illinois, Second District.

November 23, 2010.

Attorney(s) appearing for the Case

Thomas A. Lilien , Deputy Defender, Steven E. Wiltgen (Court-appointed), Elgin, for Chad Q. Evans in No. 2-09-0159.

Michael J. Waller , Lake County State's Attorney, Waukegan, Lawrence M. Bauer , Deputy Director, Richard S. London , State's Attorneys Appellate Prosecutor, Elgin, for the People.

Thomas A. Lilien , Deputy Defender, (Court-appointed) Office of the State Appellate Defender, Elgin, for Chad Q. Evans in No. 2-10-0153.

Lisa Madigan , Attorney General, Michael A. Scodro , Solicitor General, John P. Schmidt , Assistant Attorney General, Chicago, for Illinois Department of State Police.

Michael J. Waller , Lake County State's Attorney, Waukegan, Carla N. Wyckoff , Assistant State's Attorney, Waukegan, for Lake County State's Attorney.

Presiding Justice ZENOFF delivered the opinion of the court:

Chad Q. Evans (defendant) appeals from the denial of his request to file a successive postconviction petition and the dismissal of his petition for a writ of mandamus. For the reasons that follow, we affirm.

BACKGROUND

In May 1995, defendant was found guilty of two counts of first-degree murder (Ill. Rev.Stat.1989, ch. 38, pars. 9-1(a...

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