In her affidavit, Hall stated that she was talking with defendant on the telephone when she heard gunshots. According to Hall, she shared this information with defense counsel and offered to testify. However, defense counsel did not call her to testify. Hall also stated that she gave a statement to police officers and testified before the grand jury. Following a nonevidentiary hearing, the circuit court granted the State's motion to dismiss defendant's post-conviction petition.
Defendant appeals the dismissal.
The Post-Conviction Hearing Act establishes a remedy for a criminal defendant who claims that a substantial violation of his Federal or State constitutional rights occurred in the proceedings that resulted in his conviction. The allegations in defendant's petition must be supported by the record or accompanying affidavits, and nonspecific and nonfactual assertions are insufficient to require an evidentiary hearing under the Act. 183 Ill. 2d at 381. The circuit court may properly dismiss a post-conviction petition where the allegations contained therein are contradicted by the record from the original trial proceedings. 183 Ill. 2d at 381-82.