Postconviction Petition

Corrupt Officer Not A Good Enough Reason For Appellate Relief

January 16, 2017 By Arthur McGibbons

People v. Gonzalez, 2016 IL App (1st) 141660 (December). Episode 282 (Duration 7:51)

Defendant not entitled to a third stage evidentiary hearing even though a notoriously corrupt detective handled the witness identifications in his case. [Read more…]

When Judges Exhibit Bias Removal Is Warranted: Serious Allegations Of Police Abuse Can’t Be Ignored

July 16, 2016 By Arthur McGibbons

People v. Montanez, 2016 IL App (1st) 133726 (June).
People v. Serrano, 2016 IL App (1st) 133493 (June). Episode 198 (Duration 13:34)

Trial court’s granting of the State’s motion for directed verdict after the defendant’s testimony in this third stage hearing must be reversed; any other result would work a palpable injustice. [Read more…]

Judge Removed From Case To Prevent Palpable Injustice: Confession Beat Out Of The Accused

July 15, 2016 By Arthur McGibbons

See People v. Montanez, 2016 IL App (1st) 133726 (June) and
People v. Serrano, 2016 IL App (1st) 133493 (June).

Sometimes the defense can gather up pretty convincing evidence of police misconduct, and the trial judge just can’t pull the trigger on doing the right thing. Episode 198 (Duration 16:04) [Read more…]