Legal Opinion

People v. Broughton

Appellate Court of Illinois

Decided October 31, 2003No. 1-01-2565 RelPublished

1Opinion of the Court 1

SIXTH DIVISION

October 31, 2003

No. 1-01-2565

THE PEOPLE OF THE STATE OF ) Appeal from the

ILLINOIS, ) Circuit Court of) Cook County.

Plaintiff-Appellee, ))) No. 88 CR 3831)

KENNETH BROUGHTON, ) Honorable) Joseph G. Kazmierski, Jr.,

Defendant-Appellant. ) Judge Presiding.

2Opinion of the Court · SmithJustice Smith

Defendant Kenneth Broughton appeals from a Cook County circuit court order dismissing his postconviction petition without an evidentiary hearing. Defendant contends that an accomplice's affidavit constitutes newly discovered evidence of defendant's innocence; trial counsel failed to present the testimony of an available witness; and…

3Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. People v. ColemanIllinois Supreme Court · 1998
  4. People v. DavisIllinois Supreme Court · 1993
  5. People v. FloresIllinois Supreme Court · 1989

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