2015 IL App (3d) 130489

Opinion filed October 16, 2015 

_____________________________________________________________________________ 

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2015 

THE PEOPLE OF THE STATE OF )

ILLINOIS, ) 

 ) 

Plaintiff-Appellee, ) 

 ) 

 v. ) 

 ) 

CORRIE WALLACE, ) 

 ) 

Defendant-Appellant. ) 

Appeal from the Circuit Court

of the 12th Judicial Circuit, 

Will County, Illinois. 

Appeal No. 3-13-0489 

Circuit No. 06-CF-536 

Honorable Daniel J. Rozak, 

Judge, Presiding. 

_____________________________________________________________________________

JUSTICE SCHMIDT delivered the judgment of the court, with opinion. 

Justices O'Brien and Wright concurred in the judgment and opinion.

 OPINION

¶ 1 In October 2008, a Will County jury convicted defendant, Corrie Wallace, of first-degree 

murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 2006)) and aggravated battery with a firearm (720 

ILCS 5/12-4.2(a)(1) (West 2006)). The court sentenced defendant to 70 years for first-degree 

murder and 18 years for aggravated battery to be served consecutively. Defendant subsequently 

raised nine issues on direct appeal; this court affirmed his conviction and sentences. People v. 

Wallace, 2011 IL App (3d) 090500-U. In May 2013, defendant filed a postconviction petition, 

which the trial court dismissed as frivolous and patently without merit. Defendant appeals the 

dismissal of his postconviction petition arguing: (1) he set forth an arguable claim of actual 
2 

innocence; and (2) he stated the gist of an ineffective assistance of counsel claim. We disagree 

and affirm the trial court’s summary dismissal of defendant’s postconviction petition. 

¶ 2 BACKGROUND

¶ 3 We provide a summary of the evidence presented at trial here. For a more detailed 

account of the evidence, reference our previous decision. Id. ¶¶ 6-31. 

¶ 4 The evidence at defendant’s trial showed that the victim in this case, Hallie Parish, was in 

a vehicle with three other people when he was shot and killed by the defendant in March 2006. 

Most notably, among those present in the vehicle with the victim were Joe Williams and Charles 

McAfee. Neither Williams nor McAfee could identify the shooter. Williams was also shot 

during the incident, but survived. Williams later claimed he received an apology from a person 

claiming to be the shooter, though Williams refused to identify that person other than to say it 

was not the defendant. The trial court would not allow Williams to testify about this alleged 

conversation at trial. We note this issue was raised by defendant on direct appeal, but deemed a 

forfeited issue by this court. Id. ¶¶ 54-56. 

¶ 5 Tonya Dandridge’s and Zatella Bridge’s testimony at trial established that defendant shot 

the victim while wearing a mask, immediately ran away from the scene, walked back up to the 

victim shortly thereafter without the mask or gun, and taunted him before walking away again. 

Their testimony also established that defendant ran away from the scene using the same path he

used to approach before the shooting, and returned by way of the same path once again when he 

taunted the victim. Police later discovered that this path led to the home of Tarnisha Davenport. 

¶ 6 Officer Stubler, the first responding officer, testified that he overheard people identifying

defendant as the shooter while he was protecting the crime scene in the immediate aftermath of 

the shooting. Stubler located defendant and detained him shortly thereafter behind Davenport’s 
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residence. Defendant matched the description of the shooter (in build as well as clothing) as 

provided by witnesses on the scene that could not identify defendant. Defendant was told he was 

under arrest and transported from the crime scene to the police department approximately 45 

minutes after being detained by Officer Stubler. 

¶ 7 When arrested, defendant possessed a key to Davenport’s home. In Davenport’s home, 

police located a mask (described by witnesses as being worn by the shooter) and ammunition 

later determined to have previously been chambered in the same gun used in the shooting. 

Defendant’s hands later tested positive for gunshot residue and his DNA was on the mask 

recovered from Davenport’s home. 

¶ 8 In May 2013, defendant filed pro se a 207-page petition for relief under the PostConviction Hearing Act (725 ILCS 5/122-1 to 122-8 (West 2012)). The trial court summarily 

dismissed defendant’s petition as frivolous and patently without merit under section 122-

2.1(a)(2) of the Post-Conviction Hearing Act (725 ILCS 5/122-2.1(a)(2) (West 2012)). 

Defendant’s petition asserted many claims, only two of which he appeals now: a claim of actual 

innocence and an ineffective assistance of counsel claim. 

¶ 9 Defendant’s actual innocence claim is supported by affidavits from Darius Foster and 

Adrian Ellis. Foster claims he saw Conley Ratcliffe—who testified at defendant’s trial—running 

away from the area of the shooting with a gun in his hand shortly after he heard the gunshots. 

Foster also claims he walked up to the vehicle shortly after the victim had been shot, along with 

the defendant and other unidentified individuals. Ellis, on the other hand, avers in his affidavit 

that while he was incarcerated with Ratcliffe sometime in 2008, Ratcliffe confessed to him that 

he was the shooter. Ellis also claims Ratcliffe stated he previously apologized to Williams for 
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shooting him on accident. Defendant asserts these affidavits constitute newly discovered 

evidence that support his claim of actual innocence. 

¶ 10 Defendant argues in his ineffective assistance of counsel claim that his trial counsel 

should have filed a motion to suppress his arrest at the crime scene, as it was not based on 

probable cause. Defendant further asserts appellate counsel was equally ineffective for not 

arguing the same issue on appeal. Defendant alleges his actual innocence and ineffective 

assistance of counsel claims should be allowed to proceed to the second stage of postconviction 

proceedings. 

¶ 11 ANALYSIS

¶ 12 At the first stage, a postconviction petition may be summarily dismissed only if it is

“frivolous” or “patently without merit.” Id. Appellate review of a first-stage postconviction 

petition’s summary dismissal is de novo. People v. Coleman, 183 Ill. 2d 366, 388-89 (1998). 

Hodges, 234 Ill. 2d 1, 16 (2009); People v. Allen, 2015 IL 113135, ¶ 25. At the first stage of a 

postconviction proceeding, we must determine whether the petition sets forth the “gist” of a 

constitutional claim. People v. Boclair, 202 Ill. 2d 89, 99-100 (2002). If we determine 

defendant’s pleadings meet the minimum requirements, the petition proceeds to the second stage. 

725 ILCS 5/122-2.1(b) (West 2012). The defendant, however, has the burden of establishing he 

has suffered a substantial deprivation of a constitutional right. People v. Waldrop, 353 Ill. App. 

3d 244, 249 (2004). 

¶ 13 I. Defendant’s Actual Innocence Claim

¶ 14 A postconviction actual innocence claim is limited to arguments based on newly 

discovered evidence. People v. Ortiz, 235 Ill. 2d 319, 333 (2009). Courts should grant relief on 

this basis only when the petitioner’s argument is supported by evidence that is new, material, 
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noncumulative, and of such a conclusive character that it would likely change the result on 

retrial. People v. Coleman, 2013 IL 113307, ¶ 84. Courts rarely grant postconviction petitions

based on claims of actual innocence as the standard is “extraordinarily difficult to meet.” Id. 

¶ 94. 

¶ 15 Defendant argues that the Foster and Ellis affidavits each set forth a colorable claim of 

actual innocence. Specifically, defendant asserts it is “at least arguable” both affidavits contain 

evidence that is newly discovered. In so doing, defense counsel asserts there is no proof that 

defendant knew Foster was on the scene in the aftermath of the shooting, or that defendant could 

have known about Ratcliffe’s confession to Ellis prior to trial. These arguments are unavailing 

as they are based on indisputably meritless legal theories. 

¶ 16 A. Foster’s Affidavit

¶ 17 Newly discovered evidence is evidence which was not available at defendant’s trial and 

which defendant could not have discovered sooner through the exercise of due diligence. Id. 

¶ 96. Furthermore, a claim of actual innocence does not merely question the defendant’s guilt, 

but is so conclusive as to be capable of completely exonerating the defendant. People v. Savory, 

309 Ill. App. 3d 408, 414-15 (1999); People v. Coleman, 2013 IL 113307, ¶ 96. Defendant’s 

failure to state a free-standing claim of actual innocence can fail as a matter of law. People v. 

Edwards, 2012 IL 111711, ¶¶ 31, 36-37. 

¶ 18 Here, defendant’s claim of actual innocence buttressed by Foster’s affidavit fails as a 

matter of law. Defendant’s argument ignores the due diligence requirement of newly discovered 

evidence and relies heavily on the premise that if there is no proof defendant knew of the 

evidence prior to trial, his discovery of that information afterward renders the information newly 

discovered. Defense counsel cites no case law for this proposition, in violation of supreme court 
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Rule 341(h)(7), and therefore forfeits the argument. Ill. S. Ct. R. 341(h)(7) (eff. Feb. 6, 2013); 

see People v. Clinton, 397 Ill. App. 3d 215, 223-24 (2009). 

¶ 19 Moreover, defendant’s claim is explicitly contradicted by the record. By defendant’s 

own admission, he provided his trial counsel with Foster’s name and contact information as a 

potential witness in preparation for trial. This is prima facie evidence that defendant did know 

Foster was in the area and a potential witness to the incident. That defendant did not know the 

content of Foster’s alleged observations does not render its recent revelation newly discovered. 

People v. Montes, 2015 IL App (2d) 140485, ¶ 24. 

¶ 20 Even if Foster’s affidavit were considered newly discovered evidence, it does not 

conclusively support defendant’s claim of actual innocence. Accepting the contents of Foster’s 

affidavit as true, Foster cannot conclusively prove defendant was not the shooter. As the State 

highlights, Ratcliffe could have been running away from the scene with the gun used by 

defendant. Thus, we find the Foster affidavit is insufficient as a matter of law to support a claim 

of actual innocence. 

¶ 21 B. Ellis’s Affidavit

¶ 22 Generally, evidence is not considered “newly discovered” such that it can support a 

postconviction petition for relief based on actual innocence, when it presents facts already known 

to the defendant at or prior to trial, though the source of those facts may have been unknown, 

unavailable, or uncooperative. Id. 

¶ 23 The record establishes that Williams, the other victim of the shooting, testified at trial and 

was prohibited from asserting that a person he refused to identify was the shooter. McAfee 

testified at trial as well. Prior to his testimony, the State argued several motions in limine to 

block specific portions of McAfee’s testimony. On the record, the State argued that McAfee 
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should not be allowed to testify that Williams revealed to him that Ratcliffe was the one who 

apologized to Williams for shooting him in the arm. The defense ultimately conceded such

testimony was inadmissible hearsay, and McAfee did not aver such statements during his 

testimony. 

¶ 24 Shortly after McAfee testified, Ratcliffe took the stand and the defense chose not to ask 

him about his alleged statements to Williams. Therefore, the defense theory that Ratcliffe was 

the shooter—and not defendant—was available to defendant at trial. The defense crossexamined Ratcliffe, while the record demonstrates they were aware Ratcliffe had allegedly 

admitted to Williams he was the shooter. Thus, defendant’s actual innocence claim, as supported 

by the Ellis affidavit, is not based on newly discovered evidence. 

¶ 25 Furthermore, testimony by Ellis regarding Ratcliffe’s alleged confession is hearsay, 

which cannot be the basis of a defendant’s postconviction petition. People v. Coleman, 2012 IL 

App (4th) 110463, ¶ 55. Generally, hearsay is insufficient to support a postconviction petition, 

particularly when there is no explanation why an affidavit from the declarant is unavailable. 725 

ILCS 5/122-2 (West 2012); People v. Coleman, 2012 IL App (4th) 110463, ¶ 55. In this case,

defendant does not explain why Ratcliffe (the declarant) is unavailable and ignores the fact that 

Ratcliffe already testified at defendant’s trial and therefore actually was available. 

¶ 26 Defendant counters that the Illinois Supreme Court recently rejected the argument that 

evidence needs to be admissible during the first stage of postconviction proceedings in People v. 

Allen, 2015 IL 113135. The majority in Allen, however, stated it is sufficient for a 

postconviction petitioner to provide “substantive evidentiary content” in support of a claim

supported by “ ‘other evidence,’ ” not an affidavit. Id. ¶ 37. 
8 

¶ 27 We find that Allen speaks to the procedural requirements or defects of a defendant’s 

postconviction petition. In Allen, at issue was the legal creation of defendant’s supporting 

affidavit, which was procedurally insufficient. Id. ¶ 2. That is not at issue in the case sub judice. 

The substantive requirements of affidavits in postconviction petitions (in this case the status of 

the averred content as newly discovered evidence or admissible evidence) remains unchanged in 

the wake of Allen. 

¶ 28 Inadmissible hearsay cannot constitute substantive evidence by any definition. We 

cannot believe the supreme court in Allen meant for any petitioner’s claim to survive the 

relatively abbreviated review of first-stage postconviction proceedings without regard for the 

substance of the supporting evidence. In fact, the majority explicitly rejected an overly broad 

interpretation of its ruling in response to direct criticism from the dissent. Id. ¶ 38. 

¶ 29 The trial court would not let Williams testify that he was given an apology by an 

anonymous person claiming to be the real shooter. Nor would it let McAffe testify that Williams 

told him that that person was Ratcliffe. We now have another declarant offering the same 

information. The information is still inadmissible hearsay, as already ruled upon by the trial 

court, and substantively cannot support a postconviction petition—even in the first stage. Thus, 

we find the Ellis affidavit is insufficient as a matter of law to support a claim of actual 

innocence. 

¶ 30 II. Defendant’s Ineffective Assistance of Counsel Claim 

¶ 31 Lastly, defendant argues the trial court erred by dismissing his claims of ineffective 

assistance of counsel. Defendant asserts his trial counsel was ineffective for failing to file a 

motion to quash his arrest and suppress evidence. Defendant also contends his appellate counsel 

was ineffective for failing to argue trial counsel’s ineffectiveness for this same reason on direct 
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appeal. The State contends that probable cause existed at the time of arrest and any motion filed 

by the defense to quash defendant’s arrest would have been futile. 

¶ 32 Again, to survive first-stage dismissal of a postconviction petition, a pro se petitioner 

need only present the “gist” of a constitutional claim. People v. English, 353 Ill. App. 3d 337, 

339 (2004). Postconviction claims of ineffective assistance of counsel must allege facts 

sufficient to prove both prongs under Strickland in order to succeed: (1) that counsel’s 

performance fell below an objective standard of reasonableness; and (2) that the defendant was 

substantially prejudiced as a result. People v. Gale, 376 Ill. App. 3d 344, 351 (2007); Strickland 

v. Washington, 466 U.S. 668 (1984). 

¶ 33 Trial counsel and appellate counsel are held to the same standard in a Strickland analysis. 

People v. Tenner, 175 Ill. 2d 372, 378 (1997); People v. Richardson, 189 Ill. 2d 401, 412 (2000). 

On appeal, substantial prejudice is not demonstrated by enumerating the issues appellate counsel 

did not brief, as appellate counsel is not required to brief every possible issue. People v. 

Coleman, 168 Ill. 2d 509, 523 (1995). Consequently, if defendant’s claim of ineffective 

assistance of trial counsel fails the deficiency prong of Strickland, appellate counsel cannot be 

found deficient for failing to address the same issue on appeal. Id. 

¶ 34 Defendant alleges the police did not have probable cause to arrest him when Officer 

Stubler placed him in handcuffs. From our review of the record, this is likely true. The 

continuation of defendant’s argument, however—that defendant was therefore unconstitutionally 

arrested without probable cause, in violation of the fourth amendment—is patently false. In 

making this argument, defendant makes two assumptions that are legally inaccurate and factually 

contradicted by the record: (1) that defendant was under arrest when Officer Stubler placed him 

in handcuffs; and (2) that Officer Stubler’s knowledge needed to be the sole basis for the 
10 

probable cause supporting the decision to arrest the defendant. Absent these assumptions, 

defendant’s argument falls apart. 

¶ 35 We note again that the record makes clear the defendant was detained at the crime scene 

for approximately 45 minutes before he was placed under arrest and transported to the police 

station. Shortly before transport, defendant was informed that he was under arrest at that time, 

rather than detained. The legal distinction between detention and arrest is significant. An arrest 

requires probable cause, while temporary detention need only be supported by reasonable 

suspicion. People v. Luedemann, 222 Ill. 2d 530, 544 (2006). Detention based on reasonable 

suspicion is based on the totality of the circumstances, which factors in the seriousness of the 

crime; in this case a murder. People v. Easley, 288 Ill. App. 3d 487, 491-92 (1997). 

¶ 36 After reviewing the record, we find that Office Stubler had reasonable suspicion to detain 

the defendant on scene and his subsequent arrest was supported by probable cause. Contrary to 

defense counsel’s assertions on appeal, the defendant was not placed under arrest by Officer 

Stubler solely because he overheard anonymous people make the accusation that defendant was 

the shooter. Officer Stubler’s testimony at trial belies this assertion. In relevant part, Officer 

Stubler stated: 

“I made my way to where Mr. Wallace was in the back, took 

control of him and advised him he was being detained in reference 

to [sic] a suspect of that shooting.” 

Nowhere in Officer Stubler’s testimony does he say that he arrested the defendant at that time. 

Police reports from other responding officers all clearly state that defendant was detained at the

scene before he was arrested. 
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¶ 37 Defendant was detained at the scene initially because yet-to-be-identified people were 

stating that he was the shooter. This was the appropriate action under the circumstances 

supported by reasonable suspicion. No reasonably prudent officer would ignore this information. 

Rather, the appropriate course of action was to detain defendant to investigate further. 

¶ 38 Probable cause for arrest exists when facts known to an officer would lead a reasonably 

cautious person to believe the arrestee committed a crime. People v. Wear, 229 Ill. 2d 545, 563-

64 (2008). Probable cause can be based on information provided by a third party, anonymous or 

identified, as long as it bears some indicia of reliability. People v. Adams, 131 Ill. 2d 387, 397 

(1989). “Where officers are working together in investigating a crime, the knowledge of each 

constitutes the knowledge of all, and probable cause can be established from all the information 

collectively received by the officers.” People v. Ortiz, 355 Ill. App. 3d 1056, 1065 (2005). 

¶ 39 Defendant’s subsequent arrest after a relatively brief detention was the result of a 

budding investigation that pointed to him as the culprit. Dandridge’s testimony contains the 

following relevant inquiry by the State: 

 “MR. KNICK [assistant State’s Attorney]: That day did you 

talk to the police at both the scene, at the Fairmont housing unit, 

and also at the Joliet police station?

MS. DANDRIDGE [witness]: Yes. 

MR. KNICK: And when you talked – – were talking to the 

police there at the scene, what was going on?

MS. DANDRIDGE: Everybody was outside just looking at 

everything that was going on.” 
12 

Dandridge went on to say that she told the officer she was not comfortable speaking with the 

police at her home, and that the officer she spoke with suggested she speak to police later, at the 

station. Defense counsel on appeal emphasizes the latter portion of Dandridge’s testimony, 

implying she said nothing of substance to officers on scene. This assumption, however, is 

contradicted by the record. 

¶ 40 Detective Jackson responded promptly to the scene and immediately began interviewing 

witnesses. In describing his second interview with a witness, Detective Jackson documented the 

following in a report: 

 “I traveled to 1514 Fairmount where Tonya Dandridge *** 

stated that shooter in the above mentioned matter was a subject 

known to her as ‘Choke’. It should be known that I have prior 

knowledge of ‘Choke’ being Corrie Wallace. At the time I 

obtained this information from Tonya Dandridge there were 

several onlookers in the Fairmount Housing Projects. Ms. 

Dandridge stated that she would feel more comfortable coming to 

the Joliet Police Department giving this statement without so many 

onlookers and people observing the statement of her speaking with 

the police. I furnished Ms. Dandridge with my business card and 

stated when her children arrived home from school that it would be 

okay to [sic] the Joliet Police Department.” 

Hence, the police had probable cause to arrest defendant after they spoke with Dandridge, an 

eyewitness to the shooting, on scene. 
13 

¶ 41 Given the record before this court, it is apparent that defense counsel’s efforts at trial to 

quash defendant’s arrest would have been futile. The testimony of the witnesses at trial, 

supplemented by police reports from investigating officers, establish that the police had probable 

cause to arrest defendant before transporting him to the station. Had defense counsel filed a 

motion to quash defendant’s arrest, it would have been denied. Defendant’s detention on scene 

in the aftermath of a shooting for approximately 45 minutes was reasonable. His eventual arrest 

was supported by probable cause. Trial counsel’s subsequent decision not to file a motion to 

quash defendant’s arrest was objectively reasonable as well. Likewise, appellant counsel was 

not deficient for failing to raise the same issue on direct appeal. As a result, defendant’s 

ineffective assistance of counsel claims fail the first prong of the Strickland analysis. 

¶ 42 Accordingly, we affirm the trial court’s summary dismissal of defendant’s postconviction

petition. 

¶ 43 CONCLUSION

¶ 44 For the foregoing reasons, the judgment of the circuit court of Will County is affirmed. 

¶ 45 Affirmed.