¶ 44 At the second-stage of postconviction proceedings, the trial court's task is to determine whether the allegations in the petition sufficiently demonstrate a constitutional infirmity necessitating relief. People v. Snow, 2012 IL App (4th) 110415, ¶ 15, 964 N.E.2d 1139. The defendant has the burden of making a substantial showing a constitutional violation occurred.

We agree. See People v. Pendleton , 223 Ill.2d 458, 472–73, 308 Ill.Dec. 434, 861 N.E.2d 999 (2006) ; People v. Volkmar , 363 Ill.App.3d 668, 670, 300 Ill.Dec. 144, 843 N.E.2d 402 (2006) ; People v. Andrews , 403 Ill.App.3d 654, 658–59, 344 Ill.Dec. 119, 936 N.E.2d 648 (2010) ; People v. Snow , 2012 IL App (4th) 110415, ¶ 14, 358 Ill.Dec. 117, 964 N.E.2d 1139.¶ 19 Our supreme court has described the procedure for the second and third stages of postconviction proceedings as follows:"At the second stage of postconviction proceedings, counsel may be appointed for defendant, if defendant is indigent. [Citation.] * * *

Accordingly, we need not consider these other arguments. See People v. Snow, 2012 IL App (4th) 110415, ¶ 11, 964 N.E.2d 1139 (noting the failure to comply with Rule 341(h)(7) results in forfeiture of the argument). ¶ 28 D. Subpoenas

At the second stage of proceedings under the Act, the task of the circuit court is to determine whether the petition's allegations sufficiently establish a constitutional infirmity necessitating relief. People v. Snow, 2012 IL App (4th) 110415, ¶ 15, 964 N.E.2d 1139. The burden of making a substantial showing a constitutional violation occurred is defendant's.

second stage on any grounds substantiated by the record, regardless of the trial court's reasoning." People v. Snow, 2012 IL App (4th) 110415, ¶ 17, 964 N.E.2d 1139. ¶ 14 1. Actual Innocence

second stage on any grounds substantiated by the record, regardless of the trial court's reasoning." People v. Snow, 2012 IL App (4th) 110415, ¶ 17, 964 N.E.2d 1139. ¶ 14 1. Actual Innocence

The trial court's dismissal of a postconviction petition at the second stage is reviewed de novo. People v. Snow, 2012 IL App (4th) 110415, ¶ 15, 358 Ill.Dec. 117, 964 N.E.2d 1139. ¶ 38 In Miller, the United States Supreme Court held mandatory life sentences for juveniles violates the eighth amendment's ban on cruel and unusual punishment.

Ortiz, 235 Ill.2d at 334, 336 Ill.Dec. 16, 919 N.E.2d 941. Typically, evidence of which the defendant was aware in earlier postconviction proceedings will not be considered newly discovered. See People v. Snow, 2012 IL App (4th) 110415, ¶ 21, 358 Ill.Dec. 117, 964 N.E.2d 1139 (evidence available at earlier posttrial proceeding was not newly discovered); People v. English, 403 Ill.App.3d 121, 133, 342 Ill.Dec. 780, 933 N.E.2d 366 (2010) (affidavit of alibi witness, of which defendant was aware when he filed his initial postconviction petition, was not newly discovered). ¶ 115 The State argues that the evidence supporting defendant's successive petition—the four affidavits attesting to the alleged confessions of Madlock and Bledsoe—was not newly discovered because defendant and his postconviction attorney knew of these four witnesses' potential testimony during the first postconviction proceedings, and none of the affidavits suggests that any of the witnesses were unwilling to testify.

affirm the trial court's dismissal on any grounds substantiated by the record, regardless of the trial court's reasoning. People v. Snow, 2012 IL App (4th) 110415, ¶ 17, 964 N.E.2d 1139. ¶ 17 A. Postconviction Petition

"Evidence is also not newly discovered when the evidence 'presents facts already known to a defendant at or prior to trial, though the source of these facts may have been unknown, unavailable or uncooperative.' " People v. Snow, 2012 IL App (4th) 110415, ¶ 21, 964 N.E.2d 1139 (quoting People v. Collier, 387 Ill. App. 3d 630, 637, 900 N.E.2d 396, 403 (2008)). The burden is on the defendant to show no lack of due diligence on his part.