People v. Collins
196 N.E.3d 173
Ill. App. Ct.2021Background
- Collins was convicted in 1998 of first‑degree murder and home invasion for the March 5, 1997 shooting of Walter McCullins; he received concurrent 60‑ and 30‑year sentences.
- At trial the State presented a seven‑page confession read into the record by ASA Blake, Officer Sabatini’s eyewitness account of four men running from a car and gunfire, and forensic evidence of multiple caliber casings corroborating multiple shooters.
- Collins later filed a pro se postconviction petition relying on codefendants’ affidavits (Reed, Blackman) recanting defendant’s involvement, an alibi affidavit (Barnes/Wilson), and claims that trial/appellate counsel failed to challenge a discovery omission.
- The trial court summarily dismissed the petition at first stage; this court reversed and remanded for second‑stage review, finding arguable merit to the actual‑innocence gist.
- At second stage appointed counsel filed a Rule 651(c) certificate, the State moved to dismiss, and the trial court granted the motion, finding the affidavits not newly discovered or conclusive and Reed’s recantation rebutted by the record.
- This appeal challenges (1) adequacy of postconviction counsel under Rule 651(c), (2) sufficiency of the recantation affidavits to show actual innocence, and (3) ineffective assistance for failure to press a Rule 412 discovery violation regarding ASA Blake/Wilson testimony.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Collins) | Held |
|---|---|---|---|
| Whether postconviction counsel provided reasonable assistance under Ill. S. Ct. R. 651(c) | Counsel filed a Rule 651(c) certificate, investigated, and substantially complied; presumption of reasonable assistance stands | Counsel failed to examine the full record, failed to amend petition or cure affidavits, and did not adequately consult | Court held counsel substantially complied with Rule 651(c); defendant did not rebut presumption of reasonable assistance |
| Whether Reed and Blackman affidavits establish actual innocence (newly discovered, material, noncumulative, conclusive) | Affidavits are not of conclusive character and are rebutted by trial record and confession | Affidavits recant implicating statements and assert Collins was not at the scene; therefore likely to change result on retrial | Court held affidavits were not sufficiently conclusive to probably change the verdict; Reed’s recantation contradicted by record and Blackman’s affidavit lacked details/admission |
| Whether trial/appellate counsel were ineffective for failing to challenge a Rule 412 discovery violation (ASA Blake rebuttal testimony about Wilson) | No prejudicial discovery violation: State did not form rebuttal intent until after defense testimony and defense elicited that ASA Blake had spoken with Wilson | State knew of ASA Blake’s conversation and should have disclosed rebuttal statement; failure to object/appeal was ineffective assistance | Court held no discovery violation (intent formed after Wilson testified) and, even if error, defendant failed to show prejudice under Strickland; no ineffective assistance |
| Whether counsel should have amended petition with other purported evidence (police report, Keith Johnson affidavit, corrected affidavits) | Many proffered items were not in record, likely non‑meritorious or unavailable; counsel not required to raise frivolous/new speculative claims | Counsel failed to pursue/obtain and lodge additional affidavits and police reports that would exonerate Collins | Court held counsel not obligated to advance frivolous claims or comb record for new issues; defendant failed to supply missing materials and did not rebut counsel’s reasonable investigation |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part ineffective assistance standard—deficient performance and prejudice)
- People v. Sanders, 2016 IL 118123 (Ill. 2016) (recantation evidence ordinarily unreliable; new evidence must be so conclusive that no reasonable juror would convict)
- People v. Robinson, 2020 IL 123849 (Ill. 2020) (elements for actual‑innocence claim: newly discovered, material, noncumulative, and conclusive)
- People v. Pendleton, 223 Ill. 2d 458 (Ill. 2006) (scope of record examination required under Rule 651(c))
- People v. Turner, 187 Ill. 2d 406 (Ill. 1999) (consultation requirement under Rule 651(c) can be satisfied in a single meeting)
- People v. Coleman, 183 Ill. 2d 366 (Ill. 1998) (overview of postconviction stages and standards)
- People v. Jones, 399 Ill. App. 3d 341 (Ill. App. Ct. 2010) (codefendant affidavit insufficient where it fails to inculpate affiant or provide details)
- People v. Hood, 213 Ill. 2d 244 (Ill. 2004) (State’s duty to disclose rebuttal witness arises when intent to call that witness is formed)