People v. Mitchell

Defendant Alexander Mitchell appeals from an order of the circuit court of St. Clair County denying his petition for post-conviction relief. Defendant’s petition alleged that defendant was denied his right to effective assistance of counsel guaranteed by the sixth amendment to the United States Constitution. We cannot address the merits of defendant’s petition without first determining whether defendant’s post-conviction proceeding is barred by the principle of res judicata.

Defendant was first tried in April 1973 for the murder of Earl and Myrtle Ridgeway. The jury was unable to reach a…