May 4, 2007
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 99 CR 08691-03
WAYNE BARNSLATER, ) Honorable
) Christopher Donnelly,
Defendant-Appellant. ) Judge Presiding.
JUSTICE JOSEPH GORDON delivered the opinion of the court:
Defendant, Wayne Barnslater, appeals from the circuit court's grant of the State's motion
to dismiss his postconviction petition at the second stage of postconviction review. On appeal,
he contends that he made the necessary substantial showing of a freestanding claim of actual
innocence of the aggravated criminal sexual assault to which he pled guilty so as to preclude his
petition's dismissal. He further argues that the circuit court erred in rejecting his petition's
challenge to the voluntariness of his plea, even if res judicata applied, since fundamental fairness
would mandate the relaxation of that procedural bar where the plea was obtained by a threat from
his own counsel. We affirm.
The State charged defendant with, among other charges, aggravated kidnaping and
aggravated criminal sexual assault, in a 68-count indictment on March 9, 1999. The charges
stemmed from an alleged incident involving defendant, two codefendants, and 19-year-old Y.B.