theory of self defense in Illinois

2020And, while that evidence may have shown codefendant’s - 11 - No. 1-17-0310 propensity for violence, it had no bearing on whether defendant was guilty in this case because she never claimed in her pretrial motions or at trial to have been a victim of his violence or to have been acting in self defense. 6 Cf. People v. Lynch, 104 Ill. 2d 194, 200-01 (1984) (holding that the victim’s aggressive and violent character was relevant to show who was the aggressor where the victim raised the theory of self defense).

2020And, while that evidence may have shown codefendant’s - 11 - No. 1-17-0310 propensity for violence, it had no bearing on whether defendant was guilty in this case because she never claimed in her pretrial motions or at trial to have been a victim of his violence or to have been acting in self defense. 6 Cf. People v. Lynch, 104 Ill. 2d 194, 200-01 (1984) (holding that the victim’s aggressive and violent character was relevant to show who was the aggressor where the victim raised the theory of self defense).

2023People v. Jones, 175 Ill. 2d 126, 131-32 (1997).

2023See People v. Miller, 393 Ill.

2021At the first stage of postconviction proceedings, “[t]he allegations of the petition, taken as true and liberally construed, need only present the gist of a constitutional claim.” People v. Brown, 236 Ill. 2d 175, 184 (2010).

2021The State responds that the theory of self- defense does not affect defendant’s attempt first degree murder convictions, and that Davis’s affidavit was insufficient for the petition to survive summary dismissal. ¶ 38 The Act provides a method for persons under criminal sentence to “assert that their convictions were the result of a substantial denial of their rights under the United States Constitution or the Illinois Constitution or both.” People v. Hodges, 234 Ill. 2d 1, 9 (2009).