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PEOPLE v. EVANS

Nos. 2-09-0159, 2-10-0153.

939 N.E.2d 1014 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Chad Q. EVANS, Defendant-Appellant. Chad Q. Evans, Petitioner-Appellant, v. The Department of State Police and The Lake County State's Attorney, Respondents-Appellees.

Appellate Court of Illinois, Second District.

November 23, 2010.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Steven E. Wiltgen (Court-appointed), Elgin, for Chad Q. Evans in No. 2-09-0159.

Michael J. Waller, Lake County State's Attorney, Waukegan, Lawrence M. Bauer, Deputy Director, Richard S. London, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Thomas A. Lilien, Deputy Defender, (Court-appointed) Office of the State Appellate Defender, Elgin, for Chad Q. Evans in No. 2-10-0153.

Lisa Madigan, Attorney General, Michael A. Scodro, Solicitor General, John P. Schmidt, Assistant Attorney General, Chicago, for Illinois Department of State Police.

Michael J. Waller, Lake County State's Attorney, Waukegan, Carla N. Wyckoff, Assistant State's Attorney, Waukegan, for Lake County State's Attorney.

Presiding Justice ZENOFF delivered the opinion of the court:

Chad Q. Evans (defendant) appeals from the denial of his request to file a successive postconviction petition and the dismissal of his petition for a writ of mandamus. For the reasons that follow, we affirm.

BACKGROUND

In May 1995, defendant was found guilty of two counts of first-degree murder (Ill. Rev.Stat.1989, ch. 38, pars. 9-1(a...

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