People v. Prante
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In 1983, Prante was convicted of a strangulation murder. The appellate court rejected Prante’s claim that the state’s expert testimony concerning bite marks should not have been admitted. In 1993, Prante filed a postconviction petition, alleging ineffective assistance of counsel and a due process claim concerning “material misrepresentation of evidence” relating to blood found at the crime scene.” The circuit court dismissed the petition as untimely. In 2002, Prante filed an unsuccessful petition arguing that his sentence violated Apprendi. In 2017, Prante successfully sought DNA and fingerprint testing (725 ILCS 5/116-3). No interpretable DNA profiles were obtained, and no match was found for the fingerprint.
In 2018, Prante sought leave to file a successive postconviction petition that argued actual innocence, a due process claim alleging that his trial was rendered fundamentally unfair by the admission of bite mark analysis evidence, and ineffective assistance of trial and appellate counsel. Prante asserted that recent scientific studies had discredited the forensic bite mark opinion testimony. The Illinois Supreme Court found that Prante is not entitled to file either the due process or the actual innocence claim. Without any allegation that the state knowingly used the false bite mark testimony or failed to exercise diligence to discover that the testimony was false, Prante has not pled a cognizable due process claim under Illinois law. Prante has not met the high standard for setting forth a colorable claim of actual innocence.
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