People v. Jackson
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Based on a 2001 gang-related shooting Jackson was convicted in Cook County of first-degree murder and aggravated battery with a firearm. After his direct appeal and an initial post-conviction petition were unsuccessful, he sought leave in the circuit court to file a successive post-conviction petition, arguing that his constitutional right to due process of law was violated at trial by the state’s use of witness statements that were the product of police intimidation or coercion and that he is actually innocent of the crimes for which he was convicted. Jackson attached documents that purport to show a pattern and practice of witness intimidation in other cases by the police detectives who obtained the witness statements, as well as exculpatory affidavits.
The appellate court and Illinois Supreme Court affirmed the denial of the petition. The material regarding police misconduct attached to Jackson’s petition is not relevant to establishing a pattern and practice of witness intimidation by the interviewing detectives in this case, so Jackson has not satisfied the “prejudice” prong of the cause-and-prejudice test. Jackson cannot set forth a colorable claim of actual innocence because his supporting affidavits are not new; principles of “fundamental fairness” do not require additional proceedings.
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