People v. Harris

Summary

The court held that the petitioner sufficiently pleaded a colorable actual-innocence claim based on an eyewitness affidavit identifying someone else as the shooter. The affidavit constituted newly discovered evidence because the witness was unknown, unobserved, and unrecorded, and the court would not make factual or credibility determinations at the leave-to-file stage. The court further held that the affidavit, considered with the trial evidence, raised the probability that no reasonable juror would have convicted the petitioner, requiring leave to file a successive petition and remand for second-stage proceedings.