February 28, 2007
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
) the Circuit Court
Plaintiff-Appellee, ) of Cook County.
v. ) No. 92-CR-16504
KEITH BROWN, ) Honorable
) Colleen McSweeney Moore,
Defendant-Appellant. ) Judge Presiding.
PRESIDING JUSTICE THEIS delivered the opinion of the court:
Defendant appeals from the denial of his post-conviction petition under the Post-
Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)), after the trial court held
an evidentiary hearing on one issue and granted the State’s motion to dismiss on the remaining
issues. On appeal, defendant contends that: (1) the trial court’s failure to grant him a new trial is
manifestly erroneous because he demonstrated that trial counsel was ineffective for failing to call
a witness who would impeach the credibility of the State’s key eyewitness; (2) he was entitled to
an evidentiary hearing where he made a substantial showing that trial counsel was ineffective for
failing to present two alibi witnesses and to investigate a statement against penal interest that
another individual committed the offense; (3) he was entitled to an evidentiary hearing where he
made a substantial showing of a free-standing claim of actual innocence; and (4) he is entitled to
additional sentencing credit.