People v. Walker, 2024 IL App (1st) 232223

Leshawn Walker was convicted of first degree murder following a 2003 jury trial, stemming from a June 18, 2002 shooting incident resulting in the death of Lashawn Randolph.
Walker's defense at trial was that he shot Randolph in self-defense after Randolph brandished a firearm at him; however, the State's eyewitnesses did not see Randolph with a gun.
The jury rejected the self-defense claim and found Walker guilty; his direct appeal and initial postconviction challenges were unsuccessful.
In 2015, Walker unsuccessfully sought leave to file a successive postconviction petition on grounds of newly-discovered evidence of actual innocence, presenting affidavits supporting his self-defense theory.
In 2023, Walker sought leave to file a second successive postconviction petition, again arguing actual innocence based on new affidavits alleging Randolph was armed and threatening before being shot.
The circuit court denied leave to file; Walker appealed, arguing the affidavits constituted newly-discovered evidence that would likely change the outcome at retrial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether leave should be granted for a second successive postconviction petition raising actual innocence based on affidavits indicating Randolph was armed and threatening at the time of the shooting	State: Evidence is not new and is cumulative of trial testimony	Walker: Affidavits are newly-discovered, material, and non-cumulative evidence supporting self-defense	Leave denied; affidavits not newly-discovered and not so conclusive as to likely change the trial result