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PEOPLE v. DAVIS

No. 4-11-0305.

966 N.E.2d 570 (2012)

359 Ill. Dec. 249

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Andre DAVIS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District, Fourth District.

March 5, 2012.

Attorney(s) appearing for the Case

Jane E. Raley (argued), Bluhm Legal Clinic, Northwestern University, School of Law, Chicago, for appellant.

Julia Rietz , Champaign County State's Attorney, Urbana ( Patrick Delfino , Director, Robert J. Biderman , Dep. Director, Aimee Sipes Johnson (argued), Staff Attorney, State's Attorneys Appellate Prosecutor, of counsel), for the People.

OPINION

Justice KNECHT delivered the judgment of the court, with opinion.

¶ 1 Defendant was convicted of murder in 1983 and received an extended-term sentence of 80 years. In July 2006, defendant filed a petition for relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2006)) based on newly discovered deoxyribonucleic acid (DNA) evidence excluding him as the donor of semen and blood left on the...

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