People v. Garcia

In the present appeal, we consider a postconviction claim premised, in part, on the findings of an allegedly discredited serologist. During the course of second-stage proceedings, the State’s motion to dismiss was granted. Defendant appeals contending: (1) an evidentiary hearing is required to assess his claims regarding the testing of physical evidence, ineffectiveness of counsel, and the availability of testing to support his claim of actual innocence; (2) he made a substantial showing of ineffectiveness of appellate counsel and a violation of his due process rights; and (3) postconviction…