People v. Rivera
2016 IL App (1st) 132573
| Ill. App. Ct. | 2016Background
- Michael Rivera was convicted of first-degree murder (1998 shooting) and sentenced to 85 years; convictions and sentence were affirmed on direct appeal and after limited remand.
- In 2008 Rivera filed a pro se post-conviction petition claiming actual innocence and ineffective assistance; he attached a 2004 affidavit from co-defendant John Crowe claiming Crowe (not Rivera) fired the fatal shots.
- Crowe had earlier been convicted, had that conviction reversed, and on remand pled guilty in 2004. Rivera’s petition relied on Crowe’s affidavit as newly discovered evidence of actual innocence.
- At second-stage proceedings the State moved to dismiss, arguing Crowe’s affidavit was unreliable and contradicted the record (including Crowe’s plea colloquy). The trial court obtained and relied on Crowe’s plea transcript and found the affidavit not credible, granting dismissal.
- Rivera appealed, arguing the trial court improperly considered materials outside Rivera’s record and made credibility findings at the second stage; he also claimed post-conviction counsel provided unreasonable assistance under Rule 651(c).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rivera) | Held |
|---|---|---|---|
| Whether the trial court could consider and rely on Crowe’s guilty-plea transcript (materials outside Rivera’s record) at second-stage dismissal | Court may compare affidavit to plea transcript; transcript is adjudicative fact and rebuts affidavit | Court erred by considering materials outside Rivera’s record and making credibility determinations at second stage | Court erred to weigh credibility based on outside-record materials, but dismissal affirmed on de novo review because affidavit was not conclusive |
| Whether Crowe’s affidavit constituted newly discovered, conclusive evidence of actual innocence sufficient to warrant a third-stage hearing | Affidavit is unreliable and contradicted by plea record and trial evidence; not conclusive | Affidavit shows Crowe was shooter and would exonerate Rivera | Affidavit is not of such conclusive character to probably change outcome on retrial; dismissal proper |
| Whether trial evidence positively rebuts Crowe’s affidavit and precludes taking affidavit as true at second stage | Trial witnesses placed Rivera at scene, with gun and statements; even if Crowe shot, Rivera could be accountable | Affidavit (and Crowe’s confession) undermines trial evidence and shows Rivera’s innocence | Trial record and eyewitness testimony materially undercut claim; affidavit does not show total vindication; accountability still possible |
| Whether post-conviction counsel provided unreasonable assistance under Illinois S. Ct. Rule 651(c) | Counsel complied (filed 651(c) certificate, examined record) and did not concede merits | Counsel unreasonably failed to object to court’s consideration of Crowe’s plea transcript | Counsel did not perform unreasonably; standing on pro se petition and not conceding merits satisfied Rule 651(c) |
Key Cases Cited
- People v. Rivera, 348 Ill. App. 3d 168 (appellate affirmation of conviction) (direct-appeal affirmance)
- People v. Crowe, 327 Ill. App. 3d 930 (reversal of Crowe’s conviction and remand for new trial) (background on co-defendant)
- People v. Coleman, 183 Ill. 2d 366 (standards for second-stage post-conviction dismissal)
- People v. Ortiz, 235 Ill. 2d 319 (standard for newly discovered evidence/actual innocence)
- People v. Collier, 387 Ill. App. 3d 630 (actual innocence requires total vindication; accountability principles)
- People v. Rivera, 227 Ill. 2d 1 (Illinois Supreme Court discussion of harmless error and strength of state’s case)