People v. Walker
2015 IL App (1st) 130530
Ill. App. Ct.2015Background
- Walker was convicted of first‑degree murder for the 1985 killings of Glendon McKinley, Vickie Nolden, and Ricco Chalmers in Chicago.
- Trial evidence centered on three eyewitness identifications linking Walker to the shooter in a white car.
- Walker offered an alibi placing him at his mother’s home in Momence, Illinois, for his wedding rehearsal.
- On December 4, 2012, Walker filed a pro se postconviction petition asserting actual innocence and attaching affidavits, including a statement from Tyrone Powell alleging another shooter named Strickland.
- The circuit court dismissed the petition as frivolous; Walker appealed, arguing newly discovered, exculpatory evidence entitles him to second‑stage review; the court of appeals affirmed the dismissal.
- The majority held Powell’s statement was not newly discovered or of conclusive character and that the Strickland issue was barred by res judicata because it was litigated at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Powell’s affidavit constitutes newly discovered evidence warranting second‑stage review | Walker argues Powell’s statement is newly discovered and exculpatory | State argues res judicata bars re-litigating Strickland issue; Powell not newly discovered or conclusive | Powell’s statement is not newly discovered or of conclusive character; not enough for second stage |
| Whether res judicata bars Walker’s claim based on Strickland being the shooter | Walker maintains Ortiz allows new evidence to avoid res judicata | State asserts Strickland issue was litigated at trial and thus barred | Res judicata bars the Strickland issue from second‑stage consideration |
| Whether the petition should proceed to second stage given pro se status and need for counsel | Walker should be allowed to proceed to second stage and amend with counsel | First‑stage dismissal appropriate when claims are frivolous or patently without merit | First stage properly dismissed; not a basis to remand for second stage |
Key Cases Cited
- People v. Harris, 206 Ill. 2d 293 (2002) (standard for substantial showing at second stage; new evidence must be material and credible)
- People v. Coleman, 2013 IL 113307 (2013) (new, noncumulative, and likely to change outcome; supports first/second stage analysis)
- People v. Ortiz, 235 Ill. 2d 319 (2009) (newly discovered evidence defined; reasons for late disclosure; not merely cumulative)
- People v. Washington, 171 Ill. 2d 475 (1996) (newly discovered evidence must be capable of corroboration and not merely redundant)
- People v. Barnslater, 373 Ill. App. 3d 512 (2007) (due diligence burden on defendant; reciprocal credibility assessment of affidavits)
- People v. Allen, 2015 IL 113135 (2015) (notarization of statements may be considered under substantial virtue test at first stage)
- People v. Reyes, 369 Ill. App. 3d 1 (2006) (res judicata and forfeiture principles in postconviction)