People v. Almodovar
2013 IL App (1st) 101476
Ill. App. Ct.2013Background
- Defendant Almodovar was convicted of first-degree murder, attempted murder, and aggravated battery with a firearm based on eyewitness identifications obtained by Detective Guevara.
- First postconviction relief was denied in 1999; in 2010 he sought leave to file a successive postconviction petition based on newly discovered evidence of Guevara’s pattern of misconduct.
- The successive petition contends Guevara improperly influenced witnesses to identify suspects and that similar misconduct occurred in other cases.
- Key witnesses Kennelly and Jackie identified Almodovar and Negron at trial; Kennelly recanted multiple times, influencing credibility determinations at various stages.
- The circuit court denied leave to file the successive petition; on appeal, the appellate court reverses and remands for second-stage proceedings under the cause-and-prejudice and actual innocence standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition satisfies cause and prejudice for leave to file a successive postconviction petition. | Almodovar shows a pattern of Guevara misconduct unavailable earlier. | The pattern evidence was not available and impedes raising the claim. | Yes; cause and prejudice shown; first-stage dismissal reversed. |
| Whether the petition supports a viable actual innocence claim. | New pattern evidence could render innocence presumptions likely. | Pattern evidence is insufficient alone to prove innocence. | Court notes possible actual innocence but does not decide; remanded for second stage. |
Key Cases Cited
- People v. Reyes, 369 Ill. App. 3d 1 (Ill. App. 1st Dist. 2006) (pattern of misconduct material to credibility; can defeat res judicata in postconviction context)
- People v. Deloney, 341 Ill. App. 3d 621 (Ill. App. 4th Dist. 2003) (impeachment evidence not sufficient where not tied to specific officers or claims)
- People v. Chew, 160 Ill. App. 3d 1082 (Ill. App. 2d Dist. 1987) (impeachment evidence limited to collateral issues; may not warrant new trial when not material to central issue)
- People v. Pitsonbarger, 205 Ill. 2d 444 (Ill. 2002) (cause is available when factual/legal basis not reasonably available earlier)
- People v. Morgan, 212 Ill. 2d 148 (Ill. 2004) (actual innocence standard for postconviction relief; newly discovered, material, noncumulative evidence required)
- People v. Washington, 171 Ill. 2d 475 (Ill. 1996) (due process concerns; actual innocence may excuse failure to raise earlier claims)