People v. Manrique

In this case from the circuit court of Henry County, the defendant appeals from the dismissal of a petition for postconviction relief. The petition, which raised a claim of actual innocence, was summarily dismissed by the trial court as successive, untimely, and barred by res judicata. The defendant appeals and argues that it was improper for the trial court to dismiss the petition in the first stage of the postconviction review process. For the following reasons, we reverse.

FACTS

The defendant, Armando Manrique, was a passenger in a motor home traveling on Interstate 80 on November 6, 1995.…