People v. English
2010 Ill. App. LEXIS 1339
Ill. App. Ct.2010Background
- Anthony English was convicted of first‑degree murder in the Lewis case and sentenced to natural life in prison in 1997.
- Brown, a defense witness, was not in court at trial; defense requested a continuance which the trial court denied.
- English filed a pro se postconviction petition; appellate court remanded for a third‑stage evidentiary hearing to address Brown’s affidavit.
- At the third stage, Brown testified but was found not credible; Cole testified with conflicting statements and later recanted parts.
- The trial court found both Brown and Cole not credible; the postconviction petition was dismissed, which English challenged on appeal.
- This court reviews third‑stage credibility determinations under a manifest‑weight standard and affirms the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the third‑stage dismissal was manifestly erroneous | People argues credibility supports dismissal | English contends new witness testimony undermines credibility | Not manifestly erroneous; credibility determinations upheld |
| Whether new evidence at third stage creates a substantive constitutional violation | People asserts no prejudicial or constitutional violation from credibility issues | English asserts a due process/view of evidence requirement was violated | No substantial constitutional violation shown |
| Whether the standard of review was correctly applied | People contends manifest‑weight review applies due to credibility findings | English argues appropriate de novo or other standard should apply | Manifest‑weight standard properly applied |
| Whether the postconviction proceedings complied with the three‑stage framework | People maintains all stages were properly followed | English claims procedural missteps could affect outcome | Procedural framework properly followed; no error shown |
| Whether Brown’s and Cole’s recantations undermined the original verdict | People emphasizes need to rely on trial evidence and credibility findings | English argues recantations could exonerate or cast doubt on verdict | Recantations did not render verdict unreliable; dismissal affirmed |
Key Cases Cited
- People v. Pendleton, 223 Ill. 2d 458 (2006) (standard for third‑stage deference to credibility findings)
- People v. Beaman, 229 Ill. 2d 56 (2008) (manifest‑weight review framework for postconviction credibility)
- People v. Perkins, 229 Ill. 2d 34 (2007) (Rule 651(c) duties and untimely petitions; reliance on merits)
- People v. Coleman, 183 Ill. 2d 366 (1998) (second‑stage dismissal limits fact‑finding; reliance on record)
- People v. Calderon, 336 Ill. App. 3d 182 (2002) (credibility determinations belong to trial court in third stage)