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PEOPLE v. STARKS

No. 2-11-0324.

975 N.E.2d 71 (2012)

363 Ill. Dec. 269

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bennie STARKS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

As Modified upon Denial of Rehearing August 24, 2012.

Attorney(s) appearing for the Case

Ronald S. Safer , Theresa M. Williams , Brooke M. Schaefer , Schiff Hardin LLP, and Lauren F. Kaeseberg , Chicago, Jed H. Stone , Stone & Associates, Waukegan, Vanessa Potkin , Barry C. Scheck , Innocence Project, New York, NY, and John Curnyn , Law Office of John Curnyn, Evanston, for Bennie Starks.

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

OPINION

Justice McLAREN delivered the judgment of the court, with opinion.

¶ 1 Defendant, Bennie Starks, appeals from the trial court's dismissal of petitions he filed under the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122-1 et seq. (West 2010)). In his petitions, defendant alleged his actual innocence of aggravated battery of which he was convicted in 1986. On appeal, defendant argues that the trial court erred by: (1) dismissing his...

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